AAPDNews AUGUST 2002 • VOLUME 5, ISSUE 3 AAPD gratefully acknowledges the sponsor of this issue of AAPD News - National Structured Settlements Trade Association. AAPD To Host National Disability Mentoring Day October 16, 2002 On Wednesday, October 16, 2002, communities across the country will commemorate National Disability Mentoring Day: Career Development for the 21st Century (NDMD). Once again, AAPD is proud to host NDMD in partnership with the U.S. Department of Labor, Office of Disability Employment Policy (ODEP) and a growing list of national corporate sponsors (listed on page 7). NDMD provides opportunities for students and job seekers with disabilities to visit public and private employers who match their interests and skills. Everyone benefits. For employers, the day can help create a pipeline of talented and qualified students with disabilities who can meet hiring needs and assist in diversity recruitment strategies. Through NDMD, employers also come to a greater understanding of the needs and capabilities of people with disabilities. For students and job seekers, NDMD brings important exposure to the world of work and careers that can lead to greater direction and motivation, ideally even future paid employment. NDMD also helps reinforce the relationship between school and work. For educators and vocational counselors, NDMD can become a critical part of school-to-work transition plans and, therefore, help in defining the career interests of their students and clients. For community organizations that plan events, NDMD can be a way to enhance youth development programs and build a network of community partners. NDMD is a community-based program that relies on local coordinators to plan activities that best suit the interests and capabilities of students, job seekers, and local employers. Although the core experience is one-on-one job shadowing or group visits to worksites, event planners may also choose to incorporate opening plenary sessions featuring guest speakers and/or close with a reception where mentees and workplace mentors can share their experiences. The types of experiences planned will depend in large part on mentees' interests, education level, and work experience. Job seekers can focus on specific career advice and discuss potential internships and job openings. NDMD began in 1999 as part of a White House effort to increase the profile of National Disability Employment Awareness Month, celebrated every October. With support from the Presidential Task Force on Employment of Adults with Disabilities, AAPD became the first National Host of NDMD in 2001. The U.S. Department of Labor, Office of Disability Employment Policy and 13 National Corporate Sponsors joined to make AAPD's coordination role possible. As a result, more than 1,600 students and job seekers, hundreds of public and private employers, and more than 70 Local Coordinators in 32 states plus Washington, D.C. participated in NDMD 2001. AAPD, in partnership with the U.S. Department of Labor, hopes to see NDMD become a major national event with participation in all 50 states. For the first time this year, AAPD has formed a National Organizing Committee to help promote NDMD, and individual Local Coordinators are assembling State Organizing Committees to help mobilize and coordinate participation throughout their states. NDMD will be commemorated on the third Wednesday of every October. More Information On How to Get Involved in National Disability Mentoring Day As a mentee or workplace mentor: AAPD promotes a Local Coordinator model for NDMD where a community leader plays the role of recruiting participants and planning activities. You can find out if there is a Local Coordinator near you by clicking on the Local Coordinators' link on the NDMD home page. As a Local Coordinator: AAPD welcomes individuals from various types of organizations to serve as Local Coordinators. An NDMD Toolkit is available at the NDMD home page, which provides detailed guidance about being a Local Coordinator. You can also contact the NDMD National Coordinator for further information. As an Employer, School, or Service Provider: If there is no Local Coordinator in your community or you prefer to work independently, AAPD welcomes you to coordinate activities for your own employees, students, or clients. The NDMD Toolkit provides detailed guidance about how to get started. For more information visit AAPD's web site at www.aapd-dc.org and click on the link for National Disability Mentoring Day. You can also contact Ollie Cantos, the NDMD National Coordinator, at (800) 840-8844 (V/TTY) or ndmd@aapd-dc.org. AAPD and Digital Federal Credit Union Join Together in an Innovative Cutting Edge Partnership AAPD and Digital Federal Credit Union (DCU) have joined together in a unique partnership designed to bring AAPD members a wide range of easily accessible financial opportunities not often available to people with disabilities. According to Tom Matson, Access & Mobility Finance, Inc., this partnership is a milestone in the evolution of the disability rights movement, as it marks the first time that a major financial institution has committed its resources to serving the financial needs of the disability community. Traditionally, financial institutions have only used a credit history approach to determine the credit worthiness of an individual. High medical costs and loss of income have negatively impacted the credit history of many people with disabilities and their families. Yet, without access to capital, a person with a disability's vision for a better life is much more difficult to achieve. Mobility needs, making one's home more accessible, or re-educating for a new career cost money. DCU has also extended its loan payback terms to accommodate people with disabilities. For example, a mobility loan at DCU can be arranged for up to 120 months instead of the standard 36 months without penalties or extra costs resulting in smaller, more affordable monthly payments. This allows families and individuals to purchase the expensive mobility equipment that they need.DCU is a financially strong institution and is eager to provide the full spectrum of banking services to the disability community. And, DCU is easy to reach. Along with DCU's branch, telephone/TTY, and web site and home banking options, members can access their accounts through ATMs and CU Service Centersฎ. DCU members have access to more than 250,000 non-DCU ATMs worldwide, as well as all DCU ATMs. CU Service Centers also allow members to perform DCU transactions at a rapidly growing list of other credit union locations in more than 30 states. AAPD members can become a member of DCU for a $5 deposit in a checking/savings account. This is a never before financial opportunity for people with disabilities and their families. Digital Federal Credit Union Services Direct Deposit and Early Payday If your employer offers Direct Deposit or you are receiving pension or Social Security payments, you can set it up to be sent electronically to DCU as you would with any institution — only DCU will immediately deposit the amount in your account so you can use the money right away. Free Checking with DCU VISAฎ Check Card Along with having no monthly service charge, no charge per check, and no minimum balance, you'll also receive free DCU check card, unlimited free ATM transactions at non-DCU ATMs, free checks with direct deposit, unlimited free ATM transactions at DCU ATMs, free electronic point-of-sale (POS) transactions, up to $5 per month in non-DCU ATM surcharge reimbursements, free front and back check copies via PC branch, and much more! Benefits available with direct deposit of your net pay, Social Security, or pension to DCU Checking also apply to members under 23. Savings Accounts With a DCU Savings Account, there are no service fees and you have 24-hour access to your funds, including access to thousands of non-DCU ATMs worldwide. Money Market Accounts DCU Money Market Accounts earn higher dividend rates than a Primary Savings Account. You can open your account with a minimum balance as low as $1,000. The tiered dividend structure automatically earns even higher dividends with higher balances. Certificate Accounts and IRAs DCU offers certificates with a lot of flexibility. You can choose from certificates with terms from three months to five years. There are a number of different types of certificates to pick from, including: Regular, Jumbo, IRA, and Jump-up. DCU Certificates earn competitive dividend rates and can be opened with as little as $500 and many can even be added to throughout the term. Members also earn at a higher rate with direct deposit to their checking. DCU IRAs also have a lot to offer with Traditional and Roth IRAs so members can work towards a financially comfortable retirement. Free Internet PC Branch Home Banking This free service lets you manage your accounts through the DCU web site. Check balances, make transfers, pay bills, get line-of-credit advances, view account history, print front and back copies of cancelled checks, and download information to financial software. Free Easy Touch Telephone Teller With your DCU Personal Identification Number (PIN) and your member number, you can access all your DCU accounts from any touch-tone phone in the world. Easy Touch is FREE with your DCU membership. You can call when it's convenient for you and get answers fast. Mortgage and Home Equity Loans DCU's mortgage program offers pre-approval service, fixed or adjustable rates, conforming and Jumbo loans, biweekly mortgages, no point/no closing cost programs, rate re-lock option, and DCU service for the life of your loan. You can also borrow money for home improvements, education, autos, and more with a DCU Home Equity Loan/Line. The interest is usually tax deductible, there are no closing, annual, application, or appraisal fees, and you can borrow up to 100% of your home's value minus your first mortgage. VISAฎ Credit Card Why choose between a low rate, no annual fees, or a great points program when you can have all three. With a DCU Visa Platinum, Gold, or Classic card, you'll enjoy these great benefits: no annual fee, low everyday rates, ScoreCardSM points with every card purchase, 25-day interest-free grace period on new purchases when you pay off your balance each month, no cash advance or ATM fees, and much more! Vehicle and Motorcycle Loans DCU's consumer loans allow members to finance up to 120% of the purchase price - enough for taxes, title fees, and more. You can borrow up to 84 months and receive the same low rates for both new and used vehicles. You can refinance your vehicle loan with DCU and also save money. If you finance a used vehicle loan with DCU, they'll reimburse you up to $89 for a pre-purchase mechanical inspection at the time of closing. Plus, with the addition of the new DCU Mobility Loan, DCU can meet the needs of members with disabilities and their families. Mobility Loans DCU can help make specialized mobility equipment more affordable by spreading the cost over time. You may open a Mobility Loan from $5,000 to $100,000 and take up to 120 months to repay. If you already have a loan for this type of equipment/vehicle, contact DCU. They can also evaluate your existing loan to see if you can save money by moving it to DCU. Boat and RV Loans DCU's low rates make it easy to purchase a new or used boat, motor home, travel trailer, camping trailer, snowmobile, motorcycle, all terrain vehicle, or personal watercraft. Borrow up to 120% of the purchase price - enough to cover sales tax, filing fees, and more. Also, if you have an existing loan elsewhere, you can refinance it at DCU and save. 24-Hour Loans by Phone or Internet Whether it's a personal loan, vehicle loan, or mortgage, you can apply for it over the phone/TTY or online. Visit their web site to apply. Use one of their online calculators to compare rates and monthly payments. How Can You Become a Member of DCU? Becoming a member of DCU is easy! First, you must be a member of AAPD. You can obtain a membership application online at www.dcu.org, request one by email at dcu@dcu.org, by phone at (800) 328-8797 or at the TTY Phone Service at (800) 395-5146, or by stopping by any DCU branch. Simply follow the instructions included with the application. AAPD Founder Justin Dart, Jr. Completes Mission Justin Dart, Jr., a founder of AAPD and a man often referred to as the "father" of the ADA, died of respiratory failure June 22 at his home in Washington DC. He was a mentor and leader to all in the disability community. His focus on leadership and the political arena was the inspiration for AAPD's mission of economic and political empowerment for people with disabilities. As chairman of the Congressional Task Force on the Rights and Empowerment of Americans with Disabilities he helped write the ADA and then traveled across the country building grass-roots support for its passage in 1990. He received the Presidential Medal of Freedom, the nation's highest civilian award, in 1998. Two years later, he was among a group of 800 people gathered at the FDR Memorial to commemorate the 10th anniversary of the ADA. At the ceremony, Mr. Dart presented President Bill Clinton with AAPD's "Spirit of ADA" torch and appealed for more support for people with disabilities. Justin was named commissioner of the Education Department's Rehabilitation Service Administration in 1986. He resigned from that post the following year after complaining in testimony to Congress about the government's "paternalistic attitudes about disability." He served as chairman of the President's Committee on Employment of People with Disabilities from 1989 to 1993. "He was one of our country's greatest warriors in the fight for civil rights for people with disabilities," said Sen. Edward M. Kennedy (D- Mass.) in a quote in The New York Times. In 1948, when he was 18 years old, he contracted polio and lost the use of his legs. He went on and graduated from the University of Houston, where he also received a master's degree in history. His interest in civil rights began on campus, where, in 1952, he founded an organization to promote racial integration of the then-segregated university. He devoted most of his professional and personal time to his work as an advocate for people with disabilities, arguing for self-empowerment through a joint effort among government, business, labor, and religious organizations. In addition to his wife of 39 years, Yoshiko, survivors include three daughters from his first marriage, Idar Dart and Anne Washington, both of Austin, and Elizabeth Bender of Atlanta; and two daughters from his second marriage, Fusako Jane Krauchi of Switzerland and Takako Sonia Kane of Connecticut. Remembering Justin Dart Dear AAPD Members, On June 22, the disability rights movement lost one of its greatest soldiers, and America lost one of her greatest patriots. Justin Dart, Jr., with his trademark cowboy hat and boots, led the movement to many triumphs, from the Americans with Disabilities Act to President Clinton's appointment of the first-ever full-time liaison to the disability community within the White House Office of Public Liaison. Justin was a charismatic, courageous, caring person who mentored and encouraged literally thousands of leaders over his career. I was privileged to be one of them. Justin always led by example, and I will carry with me many important lessons from his extraordinary life. Justin demonstrated the importance of getting out of our personal comfort zones and becoming politically active, regardless of our political affiliation. Justin got involved in campaigns, contributed to candidates at every level of government, and did not shy away from controversial issues like the Clinton impeachment fight. Justin always defined the disability rights movement broadly and inclusively, making room for many diverse groups and individuals in his big tent. As a corollary to his general inclusiveness, Justin also worked as a soldier for civil rights and a passionate advocate for all the disenfranchised peoples in the U.S. and around the world. Most importantly, Justin always put his priority on grass roots advocacy and organizing. On their many trips across the country, Justin and Yoshiko Dart connected with rank and file advocates and kept in touch with them. In the week before he died, Justin spoke eloquently and passionately at three different grass roots gatherings that I had the pleasure and honor of attending. His message to his "colleagues in justice" often ended with his trademark admonition, "Lead On!" I join AAPD's Board, staff and members in mourning the loss of a disability rights giant. At the same time, I celebrate Justin's life, and I will always seek to keepin mind his example. By getting involved in politics, continually reaching out and diversifying our ranks, and placing the highest priority on grass roots organizing and advocacy, all of us can and will LEAD ON!! Andrew J. Imparato AAPD President and CEO ImparatoA@aol.com Member Chat: To: AAPD Members From: Diane DeAngelis Director of Member Services dianedeangelis@earthlink.net AAPD Drastically Reduces Membership Fees To celebrate the July 26th twelfth anniversary of the ADA, and because we are so pleased with the financial services now available to our membership as a result of our partnership with the Digital Federal Credit Union (see article beginning on page one), AAPD has launched a national membership drive. We are pleased to announce that our membership fees during this campaign, for both new members and renewals, have been drastically reduced to the lowest amount possible based on our costs: you can now get a one-year AAPD membership for only $8, 2 years for $15 and 3 years for $20. At this low rate you will still enjoy all of our Member Benefits – demonstrating your support of our advocacy efforts and Leadership Programs for people with disabilities; AAPD News; a new credit union; adaptive vehicle insurance; car rental discounts; and group legal services. Pharmacy Benefit Update Unfortunately, AAPD has not been able to go forward with our proposed partnership with a new pharmacy benefits provider as announced in our last newsletter issue. The provider company reneged on their promise to provide full access to our members by choosing not to make a TTY available for call-in of member prescriptions. We are presently in negotiations with a number of other providers who have stated their commitment for full accessibility, but this will take a little longer to finalize. AAPD is committed to full inclusion in its membership. Thank you for your patience in this. We will announce our new provider as soon as we are able to get the terms we require. Please check our web site www.aapd-dc.org for updates. AAPD Member Survey Results Earlier this year our members responded in force to our Member Survey published in the December issue of AAPD News. We thank all who took the time to tell us about themselves and what is important from their perspective. Here's a summary of the top survey items: • the two primary reasons for joining AAPD are to support our advocacy efforts and to receive information about disability issues, • AAPD's responding members comprise an equal number of men and women, • nearly all of our responding members have a disability, • the majority of our responding members are between the ages of 35 and 65, with 29% living alone, • more than half of the respondents own their home and drive a car, while 73% own a computer, • 27% of respondents work full-time, 13% part-time and 15% are retired. 14% of AAPD members do not work but would like to, • 43% receive Social Security Disability Income, while 18% earn at least $50,000/year, • our members are well-educated, with 26% of us having attended graduate school, • all of our members regularly vote in national, state and local elections, • 21% of our membership has been with us since our inception, and • major issues important to our members: Transportation, Housing, Access, Employment, and Health Insurance. AAPD members must be very busy people! 73% of our survey respondents own computers, but only 26% regularly visit our web site. Although our newsletter presents important legislative and other news, including AAPD activities and programs, our web site news is updated on a daily basis. Check it out at www.aapd-dc.org! The Paul G. Hearne/AAPD Leadership Award Applications Due November 1 The 2002 Paul G. Hearne/AAPD Leadership Award applications are due November 1. The awards are designed to recognize up to five people with disabilities who are emerging as leaders in their respective fields. Each will receive $10,000 to help them continue to grow in their work. They will also have an opportunity to meet and network with national disability leaders at the AAPD Leadership Gala in Washington, DC on March 4, 2003. U.S. residents with any type of disability are eligible to apply. For the purpose of award selection criteria an "emerging leader" is defined as someone who has demonstrated leadership qualities in his/her personal and/or professional life, and who is just starting to be recognized at a local, regional or national level. Previous awardees represent a diverse group of people with disabilities aged 11 to 56 whose leadership activities include the creation of a newsletter written by and distributed to mental health consumers and designed to counter the negative images the media portrays of persons with mental illness; and the founding of Landmine Survivors Network, the only international organization created by and for landmine survivors to assist mine victims and their families worldwide to recover, heal and reclaim their lives. Candidates must complete an application and submit it along with an essay that addresses all of the selection criteria as well as a letter of commitment from a personal or professional mentor. Awardees are expected to promote The Paul G. Hearne/ AAPD Leadership Awards program and work with AAPD to help grow the program. The Paul G. Hearne/AAPD Leadership Awards honor a legacy of leadership — Paul G. Hearne was a tireless advocate and visionary leader who achieved success as a lawyer, nonprofit executive, foundation president, federal agency director, and mentor to thousands of people with disabilities. Until he died in 1998, Paul was consumed with two burning passions: to create a national association to give people with disabilities more consumer power and a stronger public voice and to cultivate potential leaders to carry on the disability movement. The Directors of the Milbank Foundation for Rehabilitation established The Paul G. Hearne Leadership Awards in 1999 to honor their friend and fellow Board member and to realize Paul's second goal by helping to find and support emerging leaders with disabilities. In 2000, the administration of the awards program was turned over to AAPD. Any questions concerning The Paul G. Hearne/AAPD Leadership Awards should be directed to either of the following: Tracey Murray Leadership Coordinator phone: (770) 232-9001 (voice only) e-mail: pghawards@mindspring.com or AAPD phone: (800) 840-8844 (voice/TTY) e-mail: AAPD@aol.com Application forms can be found on the AAPD web site www.aapd-dc.org. New AAPD Congressional Internship Program AAPD has launched a new Congressional Internship Program made possible by a grant from the Mitsubishi Electric America Foundation (MEAF). The primary purpose of this eight-week summer program is to afford university students with disabilities the opportunity to obtain first-hand knowledge of the legislative and political process. Program recipients are selected through a recruitment process based on a written application and personal interview. The first interns, announced on May 15, 2002, are Sophie Shifra-Gold from the State of Washington and Jovita Douglas from Washington, DC. Both are students at Gallaudet University in Washington, DC. Gold is completing her AAPD Congressional Internship in the office of Senator Paul Wellstone (D-MN). An international relations major who just completed her sophomore year at Gallaudet, she has previously worked as a deaf-blind interpreter and a teacher's assistant and counselor at Camp Kesher in Pennsylvania. Gold believes that the experience will give her insights into how the government functions, as well as a greater understanding of political processes. Douglas, who will enter her junior year at Gallaudet this fall, is splitting her internship between the offices of Senator Tom Harkin (D-IA) and Congressman James Langevin (D-RI). An education major whose career goal is to become a teacher, she has worked as an interpreter for the Killeen Independent School District, as well as served as a counselor and teacher's assistant. Douglas hopes that the internship will give her the opportunity to demonstrate to Members of Congress, their staffs and other interns, the talents that individuals with disabilities can bring to a professional work environment. During the course of the program, the interns will also be introduced to members of the Washington disability policy community and disability leaders around the country. MEAF is a non-profit foundation jointly funded by the Mitsubishi Electric Corporation of Japan and its American affiliates, with the mission of contributing to a better world for us all by helping young people with disabilities, through technology, to maximize their potential and participation in society. AAPD Co-Sponsored Washington D.C. ADA Birthday Celebration Renewing the Pledge: Celebrating Twelve Years of the Americans with Disabilities Act Six AAPD Justice For All Awards Were Presented AAPD, the National Organization on Disability (N.O.D.), and ADA Watch co-sponsored a 12-year ADA birthday celebration Wednesday, July 24 in the Congressional Gold Room, Rayburn House Office Building, Washington, DC. The event was held in cooperation with the Congressional Bipartisan Disabilities Caucus, which is led by Representa-tives Connie Morella (R-MD), James Langevin (D-RI), Jim Ramstad (R-MN), and Major Owens (D-NY). Event speakers included the Honorable Dick Thornburgh, former U.S. Attorney General, the Honorable Ralph Boyd, Assistant Attorney General for Civil Rights, the Honorable Connie Morella, the Honorable James R. Langevin, the Honorable Danny Davis, and the Honorable Major R.Owens. Each year since its inception, AAPD has sponsored an event to commemorate the ADA anniversary. Last year the "Justice for All Awards" were established as a part of the celebration to recognize individuals who have proven to be extraordinary champions of political and economic empowerment for all people with disabilities. Six individuals were honored this year. They are as follows: • Kathy Bushkin, Sr. Vice President of AOL Time Warner and President of the AOL Time Warner Foundation, • The Honorable John Conyers, House Member MI, • The Honorable Steny Hoyer, House Member, MD, • Marissa Johnson, co-Chair of the National Youth Leadership Network, • The Honorable Pete Sessions, House Member, TX, and • The Honorable John Shimkus, House Member, IL. In addition to the speakers and the award presentations, two panels, made up of sponsoring organizations and other disability rights groups, discussed the progress and challenges of the ADA. Panel moderators were CNN Prime Anchor and Senior Correspondent, Judy Woodruff and Andrew J. Imparato, AAPD President and CEO. Look for a photo story of the event in the November issue of AAPD News. Betts Award Nominations Due October 4 The Henry B. Betts Award was created by the Prince Charitable Trusts and the Rehabilitation Institute of Chicago in 1989 to annually honor an individual whose work and scope of influence have significantly improved the quality of life for people with disabilities in the past, and will be a force for change in the future. Nominations for the 2002 Laureate are due Friday, October 4. Last year AAPD joined with the Rehabilitation Institute of Chicago to collaboratively administer the award program. The award is named for AAPD Board Member Henry B. Betts, MD in recognition of his pioneering leadership in the field of physical medicine and rehabilitation and decades of dedicated service to the Rehabilitation Institute of Chicago. One outstanding living individual is selected each year to receive The Henry B. Betts Award. That person receives an unrestricted $50,000 cash award and a commemorative crystal piece, which is presented publicly at AAPD's Leadership Gala in Washington, DC, to be held March 4, 2003. Since 1989, The Henry B. Betts Award has been presented to individuals who have, in the course of their work, helped to lead the societal transformation that is producing dramatically better outcomes and higher expectations for the diverse groups that make up the disability community in the United States. Past laureates include grass roots pioneers Marca Bristo, Judith Heumann, Lex Frieden, and Fred Fay; medical and rehabilitation pioneers Dr. Ernest Johnson and Dr. Timothy Nugent; scholar Hugh Gregory Gallagher; and international activist Ralf Hotchkiss. Last year, the Award was presented to Ms. Mary Lou Breslin, co-founder of the Disability Rights Education and Defense Fund (DREDF). Generous funding for the 2002 Betts Award Program is provided by the Prince Charitable Trusts. For additional information or nomination forms, please contact: Tracey Murray, AAPD Leadership Coordinator, phone: (770) 232-9001 (voice only) or via e-mail: the-murrays@mindspring.com. The nomination form is also available on AAPD's web site: www.aapd-dc.org and on the web site of the Rehabilitation Institute of Chicago www.rehabchicago.org ESPY Adds Best Athlete with a Disability to Roster of Award Winners For the first time (an excellence in sports performance) ESPY, award was presented to the "Best Athlete with a Disability." Blind mountain climber Erik Weihenmayer was the recipient. Paralympic gold medalists Sarah Will (Vail, Colo.) and Steve Pate (Goleta, Calif.) were also nominated. Sarah carried the "Spirit of ADA" torch in multiple locations during AAPD's relay commemorating the tenth anniversary of the ADA. The ESPY Awards recognize athletes for excellence in sport performance. Past recipients include Tiger Woods, Mark McGwire and Mia Hamm. The awards ceremony was broadcast on ESPN. AAPD Adds to Staff AAPD has hired two new full-time staff members to work with National Disability Mentoring Day (NDMD). Ollie Cantos has been named General Counsel and Director of Programs/ NDMD National Coordinator. Dominika Bednarska has been named Programs Coordinator/Washington, DC NDMD Coordinator. AAPD Announces New Board Members and Officers The following six individuals were elected by the AAPD membership to serve terms of three years each, commencing July 1, 2002: Henry B. Betts, M.D., Rehabilitation Institute of Chicago; Judy Brewer, Web Accessibility Initiative (WAI) at the World Wide Web Consortium (W3C); Judi Chamberlin, author of On Our Own: Patient-Controlled Alternatives to the Mental Health System; The Honorable Tony Coelho, former Majority Whip of the U. S. House of Representatives and an author of the ADA; Tim Holmes, a 2000 recipient of the Paul G. Hearne/ AAPD Leadership Award for outstanding achievement in disability advocacy and leadership and a tribal leader from Oregon; and Frances Priester, a 2001 Hearne awardee and Consumer Specialist at the Elgin Mental Health Center, Elgin, IL. New AAPD Board elected officers are as follows: Chair - John D. Kemp, Principal, Powers, Pyles, Sutter & Verville, P.C.; Vice-Chair - James Weisman, Associate Executive Director of Legal Affairs, Eastern Paralyzed Veterans Association; Treasurer - James Billy, Branch Chief, U.S. Department of Education; and Secretary - Margaret Staton, Founder, ELA Foundation. AAPD and Washington Court Watch At press time, in an effort to respond to problematic Supreme Court decisions, many of the original Congressional champions of the ADA were working together to introduce legislation called the Disability Rights Restoration Act. For more on this, visit AAPD's web site at www.aapd-dc.org. The Supreme Court dealt two more blows and one victory to the disability community during this past quarter – bringing to a total four times the court ruled against the ADA during this term. June 10th the Court ruled that Government agencies that are in violation of the ADA (such as failing to build wheelchair ramps or making other accommodations) could be forced to pay actual damages but not punitive damages. The ruling is not limited to the ADA and, therefore effects other groups such as older Americans. June 17th the Court also ruled to narrow the ADA. Once again, the ruling was based on an interpretation of the relative rights and powers of governments (state and federal). And, once again the Court said boards and agencies that accept federal money couldn't be sued for punitive damages. However, they can face lawsuits, be forced to pay actual damages, and make changes in accommodations. June 20th a divided Supreme Court reversed an earlier decision and ruled that executing people with mental retardation is unconstitutionally cruel. The decision reflects changes in public attitudes on the issue – in 1989 only two states that used capital punishment outlawed the practice for those who have mental retardation. In 2001, 18 states prohibited it. AAPD Works with DREDF to defend IDEA Reauthorization The reauthorization of one of the most important pieces of legislation in America's history, the Individuals with Disabilities Education Act (IDEA) will occur either before or after the November election. Will we lose ground or can we join together to ensure a better IDEA for tomorrow's adults? Excerpts From an Open Letter From Marilyn Golden of the Disability Rights Education and Defense Fund (DREDF) on the Reauthorization of IDEA Dear Friends and Colleagues, IDEA will soon undergo a Congressional reauthorization process. What you may or may not know is that this will be a truly singular fight for the very life of this extraordinarily important law. IDEA is the strongest disability rights law in this country. It provides children with education-related disabilities and their families the right to a free, appropriate public education in the least restrictive environment appropriate for the child. We stand to lose a lot in this fight. While that statement could often be made, we've faced few risks of this magnitude in a long time. Many in Congress do not see the IDEA as a civil rights law. Schools, local governments, the Administration, and many in Congress want to significantly weaken IDEA. For example, there are strong attempts underway to segregate students with disabilities because they are seen as creating a discipline problem, even when the students never received the proper accommodations they should have had in the first place. There is also the crucial issue of who will qualify. Thousands of children with learning disabilities could be denied interventions to which they are now entitled. And this is only the beginning of the weakening amendments we are facing. Yet we have the potential to preserve IDEA, with sufficient organization and pressure. We came together in 1990 to pass the ADA and we made disability rights history. Can we do it again when the people who stand to lose the most are the next generation of children with disabilities? DREDF is rapidly developing a nationwide network of parents and other advocates, the IDEA Rapid Response Network (RRN). Some of you have probably already heard of this network or are part of it. People in RRN are asked to be prepared for action to pressure their members of Congress, and to counter weakening amendments by offering alternatives and personal experiences. For more information about the Network visit the DREDF web site at http://dredf.org/rapid.html. For copies of the first few briefings DREDF sent to RRN members go to http://dredf.org/briefing2.html and http://dredf.org/briefing3.html. Join with DREDF today! AAPD and Washington— AAPD Disability Vote Project Update Mid-term Elections Extremely Important in Light of Pending Legislation and Judicial Appointments This November's mid-term election is one of the most important non-presidential elections in recent history. At stake is IDEA reauthorization, the reauthorization of the Transportation Equity Act for the 21st Century, Voting Rights Legislation, MICASSA, Medicare Prescription Drug Benefits, Health Care Reform, the Lifespan Respite Care Act, a Homebound Policy Amendment to Medicare, and more. Also important are federal judicial appointments which must receive Senate confirmation. During the past year we have seen the Supreme Court chip away at the ADA one case at a time. We have also seen the nomination of individuals with poor civil rights records to the Federal Court system. The only way disability legislation will pass through Congress into law, and the only way individuals with poor civil rights records will not be placed in lifetime positions in our judicial system, is if we vote for individuals who truly believe in the rights of people with disabilities. AAPD's Disability Vote Project has a number of vote organizers in various areas of the country. If you have any questions regarding voting in your area or if you can help "get out the vote" on Election Day contact one of the following individuals: Deb Stehr Mark Ezzell Iowa and Minnesota organizer North Carolina organizer 403 2nd St. 1213 Lorimer Road Lake View, IA 51450 Raleigh, NC 27606 (712) 657-3068 (919) 733-4564 dstehr@netins.net mark.ezzell@ncmail.net Julia Vaughn Kelly Anthony Indiana organizer Missouri organizer 150 West Market Paraquad, Inc. Suite 628 311 North Lindbergh Indianapolis, IN 46204 St. Louis, MO 63141 (317) 234-2226 (314) 567-1558 x. 264 countusin@gpcpd.org kanthony@paraquad.org Carole Tonks Clyde Terry New Jersey organizer New Hampshire organizer Monday Morning Project Developmental Disabilities P.O. Box 700 Council Trenton, NJ 08625 10 Ferry Street, Suite 315 (609) 292-3453 Concord, NH 03301 Carole.Tonks@njddc.org (603) 271-1157 clydeterry@aol.com Carole Westlake Karla Lortz Tennessee organizer Ohio organizer 480 Craighead St., Suite 220 400 E. Campus Blvd. Nashville, TN 37204 Columbus, OH 43235-4606 (615) 383-9442 (614) 438-1393 carol_w@tndisability.org rsc_kml@ohio.gov Lorre Mendelson Michael Kirby Tennessee organizer Wisconsin organizer 2416 21st Ave. South RFW Nashville, TN 37212 4785 Hayes Road, Suite 202 (615) 298-1080 x. 12 Madison, WI 53704 lorrem@tpainc.org (608) 244-5310 mkirby@rfw.org Please contact Jim Dickson at (202) 955-6114 or via email at jamescdickson@earthlink.net if you would like to develop a Disability Vote Project in your state. Equal Protection Voting Rights Act of 2002 The Equal Protection Voting Rights Act of 2002 has passed through the Senate and the House and is currently in conference. AAPD members are encouraged to call or write House Conferee Congressman Roy Blunt who has final say over what the House does and does not say, and tell him how important it is that all polling places across the country be accessible to people with disabilities and that all voting systems offer a secret, independent, and verifiable ballot to all voters regardless of disability. Congressman Blunt can be reached as follows: The Honorable Roy Blunt 217 Cannon House Office Building 1st Street and Independence Avenue, SE Washington, DC 20515 phone: (202) 225-6536 • fax: (202) 225-8221 e-mail: blunt@mail.house.gov Springfield, MO: (417) 889-1800 Joplin, MO: (417) 781-1041 AAPD Joins Coalition for Technology and Accessibility Media Amendments to Individuals with Disabilities Education Act AAPD has joined with more than twenty-five disability rights and education organizations, collectively known as the Technology, Education, and Accessible Media (TEAM) Coalition, to propose that the principles of universal design be incorporated in the reauthorization of IDEA. Since IDEA was last reauthorized, our nation has witnessed an explosion of new and innovative technologies that can enhance and facilitate learning for children with disabilities. Many of these technologies allow access to be built into educational programs right from the start, to the benefit of millions of children with varying functional needs and abilities. The concept of universal design was first applied to structural changes in buildings, in the ADA. There, it was determined that it would be cheaper to incorporate access at the time that buildings were constructed or renovated, rather than to retrofit them later on. The advent of new digital and multimedia technologies now offers the opportunity to apply such universal design principles in the educational setting. Students who have sensory, cognitive, and physical disabilities each have different ways of receiving, processing, and expressing information. Universally designed technologies offer these children and their teachers the ability to choose learning modes that best meet their needs. Specifically, universally designed technologies can make the same educational content available in a variety of alternate formats. For example, a book that was previously available only in print can now be transformed to speech or Braille and include audio, video, images, and annotations. An educational video can have both closed captions and video descriptions. And a web page used for learning can be designed to be accessible. Universal design requires identifying the needs of the broadest possible range of students and then designing technology and interfaces that can enable children with varying abilities and needs to benefit from those technologies. When emerging technologies, such as interactive television, mobile computing devices and web-based media, are designed with access features built-in, the costs of producing such access are spread out over millions of students. TEAM is proposing recommendations that would ensure the accessibility of educational materials and programs where such materials and programs are supported through federal assistance and that funding levels under Part D of IDEA be made commensurate with increases that have been made in Part B. Specifically, the TEAM Coalition seeks to do the following: • Incorporate new mandates and projects throughout IDEA that promote the development, implementation, and use of universally designed technologies and assistive technologies and services, and accompany those new mandates with corresponding increases in levels of funding for research and development, and personnel training and preparation for these purposes. • Incorporate new mandates to ensure the accessibility of learning materials and learning environments. • Incorporate provisions to ensure adequate funding for the research, development, and implementation of universally designed technologies and assistive technologies and services. • New language to authorize state educational agencies receiving grants to use part of those grants for the purpose of ensuring that education personnel have skills and knowledge in the use of technology. David Jayne Amendment Making Some Progress As the Senate's Medicare reform bill is progressing it is important for individuals to contact their Senators and urge them to support The David Jayne Amendment, narrower homebound language, to Senate bill 2085. The David Jayne Amendment (DJA) amends the Medicare home health statute that currently requires an individual be "confined to the home" in order to receive vital and life sustaining support services. Permission to leave the home is currently allowed for absences that are "infrequent and of short duration," or to attend medical appointments, adult day care, or religious services. The DJA provides exceptions to the homebound rule. The "homebound rule" was put in effect in the 1960s. Then, most people with significant disabilities were unable to leave their homes both because of their health and the barriers all around them. Thanks to advances in technology and greater community accessibility through the passage of the ADA, this seldom is the case today. Unfortunately, Medicare policy has not kept pace with our times and is now punishing the very people it was intended to benefit. AAPD and Washington — Competitive Bidding Competitive Bidding: The Debate Continues By Thomas Connaughton President & CEO of AAHomecare Recent Medicare reform legislation, which has been under scrutiny in Congress during the past few months, as part of the prescription drug benefit debate, could include a program which many members of the disability community may not know may threaten their access to, and freedom of choice for quality home medical equipment (HME) and services. This program is called competitive bidding. If Congress were to enact a competitive bidding program on a nationwide level, consumers would be the ultimate losers. People with disabilities may have their choice restricted in many ways – access to only the cheapest products available through Medicare, a very limited number of providers, and, potentially diminished services by trained rehab technologists. On June 28, the House passed their version of Medicare reform and prescription drug legislation, which included language that would enact a national competitive bidding program for durable medical equipment, orthotics and prosthetics, and lab services. By the time this newsletter is printed, the Senate may be still developing, or have already passed, its version of Medicare legislation. Although it is difficult to predict whether or not the competitive bidding language will be included in this bill, what is known is that there are many supporters within the Senate, as well as the House, to eliminate the call for nationwide competitive bidding. Senator Max Cleland (D-GA) for one, committed to opposing competitive bidding at the American Association for Homecare's (AAHomecare) Washington Legislative Conference on June 6. He has backed up that promise by sending a "Dear Colleague" letter to the Senate urging it to oppose competitive bidding, speaking as a member of the disability community and a member of the Senate Small Business Committee.National competitive bidding for medical equipment has been supported by the Clinton and Bush Administrations, as well as by some on Capitol Hill, since the idea was introduced in 1999. Many organizations, including the AAHomecare remain opposed to competitive bidding. As the government looks for ways to save money on Medicare spending, competitive bidding seems like the perfect solution. But in the long run, it will be the beneficiaries who are negatively affected. Background on Competitive Bidding The Balanced Budget Act of 1997 (BBA '97) gave the Centers for Medicaid and Medicare Services (CMS) authority to implement five competitive bidding demonstration projects to examine the effects of competitive bidding on HME markets in communities of varying sizes. CMS is currently conducting only two limited demonstration projects in Polk County, FL and San Antonio, TX. In Florida, Medicare beneficiaries can obtain home oxygen services, hospital beds, wound care supplies, and incontinence supplies only from Medicare-chosen providers. The Texas demonstration includes home oxygen services, hospital beds, nebulizer drugs, wheelchairs, and orthotics. Competitive bidding has the potential to create barriers to access for HME, diminish the quality of medical services beneficiaries receive, and eliminate small businesses. Organizations like AAHomecare believe Congress should not expand the current HME competitive bidding program, concluding that it is too soon to fully understand the ramifications of the program since the original demonstrations, and their actual savings to Medicare, will not be known until October 2002 – the scheduled completion date of the demonstrations. The administration has failed to recognize that implementing a competitive bidding program on a national basis is not possible if it truly wants to ensure a choice of providers for beneficiaries. Regions, states, and even counties vary significantly, and it would take a whole new corps of bureaucrats to determine which providers of home medical equipment could serve particular locales under such a system. In addition, competitive bidding systems, if administered as in the pilot programs in Polk County and San Antonio, fail to recognize the importance of services that HME suppliers pride themselves in providing their patients. The Effects of Implementing Competitive Bidding Restricted Access and Choice: To implement the competitive bidding demonstrations, Congress waived a beneficiary's right to choose a health care provider or supplier within the Medicare program. The ability to choose a provider or supplier safeguards quality and continuity of care because it allows Medicare patients to establish long-standing relationships with providers and suppliers. Loss of Quality and Service: In contrast, non-demonstration beneficiaries have access to medically necessary professional services such as respiratory therapists and 24-hour on-call services. Competitive bidding eliminates market pressure to provide this clinical support for critically ill patients. The result is that Medicare beneficiaries in the demonstration areas may receive a lower standard of care. "Competitive Bidding" is a Misnomer: Although the term "competitive bidding" may sound attractive, the demonstration actually eliminates the free market competition that encourages the provision of high quality medical services to Medicare beneficiaries. The demonstration design greatly reduces the number of HME providers who can serve beneficiaries with specific needs and eclipses the key component of free market competition – consumer choice. Medicare's winning bidders, therefore, are not subject to the market forces of consumerism. A New Bureaucracy: A program of national competitive bidding for HME would require a new bureaucracy to administer it. To properly administer a national program, CMS must fix structural flaws in the model and incorporate procedural protections and oversight capabilities. The ultimate expense of expanding the limited demonstration model to larger urban areas will eclipse any projected savings. Impact on Small Businesses: The average HME supplier is a small entrepreneurial operation with fewer than 20 employees and less than $3 million in annual revenue. For the average HME provider, the demonstration projects have amounted to a loss of approximately 27 percent of annual revenue. At least one provider in Polk County has filed for Chapter 11 protection, and many more have been forced to move out of the demonstration area. Industry associations, such as AAHomecare, and several consumer advocacy organizations such as AAPD, have united to oppose competitive bidding by creating the Coalition for Access to Medical Services, Equipment and Technology (CAMSET). Together, the members of CAMSET are voicing their concerns that the expansion of competitive bidding from two ongoing demonstration projects to a national policy. The coalition will be augmenting its grassroots efforts on this issue in order to provide information to key federal legislators. Businesses in, and consumers of, the HME community are encouraged to do everything possible to teach policymakers at all levels. What To Do Through phone calls, joint letters, and visits, consumers and the HME industry can urge Congress to carefully examine the impact that the recent demonstrations have had on beneficiary satisfaction or health outcomes and the suitability of implementing a national competitive bidding program. We need to make certain that, in this legislation, the industry takes steps forward and not backwards. Visit AAHomecare's special competitive bidding section at www.aahomecare.org to learn more about this issue. Find out who your Congressional representatives are by logging onto http://capitol.medgroup.com. At the bottom of the page enter your zip code. Select the "info" link under your Representative's picture to pull up his/her contact information, then select a prepared message opposing competitive bidding, and email it to your representative. Reauthorization of the Transportation Equity Act for the 21st Century In our 2001 Member Survey, You Identified Transportation as One of Your Top Priority Issues for Public Policy AAPD President and CEO Testifies Before the United States Committee on Banking, Housing, and Urban Affairs Subcommittee on Housing and Transportation Excerpts from Andrew J. Imparato's Testimony July 17, 2002 Without accessible, affordable transportation, it is difficult if not impossible for Americans with disabilities to have equal access to housing, health care, or long-term care. Similarly, meaningful access to transportation is critical for Americans with disabilities to participate fully in basic activities such as education, employment, worship, job training, recreation, and other features of community life that most people take for granted. According to a population-based survey conducted in 2000 by the Harris Poll and funded by the National Organization on Disability, approximately 30 percent of Americans with disabilities have a problem with inadequate transportation, compared to approximately 10 percent of the general population. Moreover, according to a 1994-95 survey by the National Center for Health Statistics, almost 5.5 million Americans report that they never drive because of an "impairment or health problem." Accessible, affordable mass transit is a necessary prerequisite for any community that seeks to live up to the letter and spirit of the ADA. For America to achieve the goals of the ADA — "equality of opportunity, full participation, economic self-sufficiency, and independent living" — America must expand its investment in accessible, affordable mass transit. Although the disability community has seen significant progress in the accessibility of mass transit systems in the almost 12 years since the enactment of the ADA, we remain concerned about inconsistent compliance with the ADA's requirements. Moreover, mass transit often falls victim to the budget axe, thanks in part to America's love affair with the automobile and our collective inability to prioritize mass transit as the preferred means for transporting our public. This causes those who rely on mass transit to be forced to use a taxicab for many destinations, an option that is often neither accessible nor affordable. Over the last several months, Easter Seals Project ACTION has convened two meetings of leaders from the disability and transit communities to develop joint recommendations and action plans for increasing availability of accessible, affordable transportation. (AAPD has been a part of those meetings.) The recommendations that were developed represent the broad goals of the participants and efforts underway to work together to achieve these goals. Many of the recommendations can and should be addressed in the reauthorization of the Transportation Equity Act for the 21st Century (TEA-21) and other legislative vehicles. The primary recommendations developed during these national meetings are: • Enhance partnerships between transportation providers, advocates, and disability/human service providers; • Coordinate information related to ADA regulations, federal rulings, and procurement; • Integrate accessible transportation into all aspects of transit operations; • Enhance education and training for the transportation providers and the disability community; • Improve coordination of transportation services and funding across federal agencies, possibly through an executive order requiring all federal agencies that support transportation to coordinate their programs and funding to maximize accessibility and affordability; • Ensure that federally-funded programs that promote employment opportunities for people with disabilities place a high priority on identifying accessible, affordable transportation that can enable individuals to pursue their career goals; and • Ensure that accessible, affordable transportation receives the priority funding that it deserves in carrying out the President's New Freedom Initiative for People with Disabilities and implementing the Supreme Court's Olmstead decision requiring access to home and community- based supports for people who seek to leave institutions. The goal of the reauthorization of TEA-21 should be that accessibility is built into all aspects of transit operations and that existing services are better coordinated to meet the needs of people with disabilities. In 2000, the National Council on Disability (NCD) issued a report called Promises to Keep: A Decade of Federal Enforcement of the Americans with Disabilities Act. In this report, NCD documented significant problems with lack of consistency in enforcement both within and across federal agencies. In the executive summary, NCD commented: "The Department of Transportation (DOT) is one of the clearest examples of inconsistent intra-agency enforcement activity. Six quasi-independent modes with DOT are responsible for enforcing the many transportation provisions of ADA. Each mode is different, sometimes strikingly so, in the interpretation of ADA requirements, the approach to complaint investigation, and the priority placed on public education. Some modes habitually gave the covered entities broad discretion in meeting ADA's accessibility requirements and timetables, while others communicated a clear expectation of timely compliance. While some modes were proactive in disseminating public information with specific information to consumers about their rights, others provided only the most general information on grounds that it was not within their purview to provide more specific information about rights under the law. This kind of inconsistency greatly undercut DOT's overall effectiveness in establishing an expectation of compliance with ADA's nondiscrimination mandate among all the covered entities within its purview." NCD's findings were echoed in the recent national meetings convened by Project ACTION and in AAPD's experience as a disability membership organization. Among the specific issues requiring attention is the ongoing need to increase the accessibility of fixed route service. Advocates noted that ADA compliance had focused largely on accessible vehicles, and customer service has been neglected. For instance, the failure (sometimes refusal) of drivers to call stops limits access for blind and visually impaired riders; and the ongoing refusal to allow service animals to board buses denies access to people with a wide range of disabilities who use service animals. People also raised problems with broken lifts, resulting in no access for a user with a mobility impairment who requires a functional lift to board. Some chronic problems are being addressed by automated announcements and low floor buses, on which all passengers board by ramp. In the context of the metro system here in D.C., The Washington Post has documented recently the chronic problem of elevators going out of operation and significantly increasing the travel time of people who rely on elevators to take the metro. Advocates have also raised concerns about the broader access of communities, noting the need to work with local governments to ensure that inaccessible sidewalks and lack of curb cuts do not limit access to fixed route transit. When the path of travel from a person's house or apartment to the fixed route system is not accessible, many riders are forced to take Paratransit, which is more costly and less efficient. Although NCD's report and the national meetings resulted in a number of specific recommendations for improving enforcement of the transportation requirements in the ADA, I am concerned that we must also remain vigilant that we not move backward with regard to accessibility. Some would seek to use changes in the political environment to revisit the access requirements in the ADA either in statute or through administrative interpretation. To avoid administrative erosion and to enhance enforcement, I strongly recommend that the Office of the Secretary of Transportation assert leadership in developing and implementing a strong and consistent expectation of demonstrated compliance with the ADA's access requirements among all of DOT's grantees. It is critical that the ADA be viewed as a national civil rights law requiring strong, consistent and fair enforcement, not simply a technical regulation to be administered like a grant requirement within the discretion of a particular mode. Perhaps as important as the increased role of the Office of the Secretary, I strongly recommend that the Department of Transportation receive significant new funding to carry out an ongoing program of trainings in multiple locations and multiple languages for end-line consumers, advocates, and transit providers so that they know the ADA's requirements and what to do when a violation occurs. Two Tight Senate Races As AAPD News was going to press two disability rights advocates were in tight Senate races, Tom Harkin and Paul Wellstone. Sen. Tom Harkin (D-IA), a wonderful friend to the disability community, is facing very stiff competition from Rep. Greg Ganske (R). Another tight race with a disability friend is Sen. Paul Wellstone (D-MN) against the Mayor of St. Paul, Norm Coleman. Please vote on November 5. Many disability issues are dependent on the outcome of this year's election - VOTE ON NOVEMBER 5! AAPD MEMBERSHIP/RENEWAL APPLICATION Yes, I want to support AAPD! 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