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A Monthly Publication of the National Council on Disability
Lex Frieden, Chairperson
April 2006
ADA 16th Anniversary
NCD and its federal partners are pleased to announce "A
National Dialogue on the State of Disability," a town hall
meeting and seminar to observe the 16th anniversary of the
Americans with Disabilities Act (ADA). The event will be held
July 26, 2006, 9:00 a.m. - 1:00 p.m. at the National Press
Club, National Press Building, 529 14th Street, NW, 13th Floor, Washington, DC.
This meeting is open to the public and free of charge. Space is
limited. The event will also be webcast and archived for later viewing.
For more information, please email or for updates,
visit National Council on Disability (NCD)'s new ADA 16th Anniversary information page.
Supreme Court and IDEA
NCD chairperson Lex Frieden released a statement regarding the
U.S. Supreme Court's April 19 oral arguments in Arlington
Central School District v. Murphy (No. 05-18), a special
education case about the award of fees for the use of experts
at special education due process hearings.
The Arlington school district argues that the Individuals with
Disabilities Education Act (IDEA), the federal special
education law, does not authorize the award of fees for
experts, because the law makes no explicit reference to them.
The Murphys (parents) contend that since IDEA states that
attorneys' fees may be awarded to parents as part of the costs
of the dispute, such fees are not the only possible costs that
can be awarded. The Murphys also state that it is nearly
impossible for parents to win cases under IDEA unless they have
experts on their side, and that only the possibility of getting
back some of their expenses for such help would allow parents
to challenge school districts.
NCD is concerned that the Supreme Court's ultimate decision in
Murphy could harm 6.5 million children and youths with
disabilities. Requiring parents to shoulder the financial
burden of expert fees at hearings would place parents at a
tremendous disadvantage, and many may forego the services of
experts because of the costs involved. Too many parents already
have difficulty navigating the IDEA maze, from identification
and evaluation of their children through hearings and court actions.
The full statement and links to supporting documents.
Cultural Diversity Advisory Committee
NCD appreciates the public response to its recruitment of new
members for the Cultural Diversity Advisory Committee (CDAC).
From a pool of more than 80 applicants, the new members have
been selected as follows:
John Amendariz (Cedar Park, TX, cultural competency/disability
advocate, diversity director/consultant for a national provider
of principal service to military veterans with disabilities;
Peter Benavidez (Riverside, CA, disability advocate, CEO of a
nonprofit organization for people with disabilities);
Robert Coward, Jr. (Washington, DC, disability and diversity
advocate and spokesperson, founder/director of an empowerment
and community training nonprofit organization);
Christina Curry (New York, NY, diversity and disability,
rehabilitation, deaf and hard of hearing community advocate,
and independent living center executive director);
Darryl Long (Yuma, AZ, benefits planning specialist, trainer
for Ticket to Work program and services with 19 tribal
nations);
Nipa Pandya (Chicago, IL, disability advocate and university
hospital research coordinator);
Bill Scott (Phoenix, AZ, disability and diversity advocate,
cofounder and president of an independent consulting firm); and
Mariner Tse (Tununga, CA, disability and diversity advocate,
association cofounder/parents of children with disabilities,
cross-diversity/disability spokesperson, U.S. Department of
Education former Deputy Assistant Secretary).
Continuing CDAC Members
Glenn Fujiura, Ph.D. (Chicago, IL, higher education researcher,
Director of Graduate Studies);
Lilly Rangel-Diaz, CLA (Miami, FL, student/parent education
advocate, director of advocacy services);
Jerry Lang (Cairo, GA, tribal health officer, experienced
rehabilitation counselor and policy leader, consulting firm
cofounder); and,
Darrell K. Simmons, J.D., CDAC's Chair (Stafford, TX,
disability advocate, university cancer center Manager of
Diversity Programs).
CDAC's next meeting is June 1, 2006, at 3:00 p.m. EST. Public
observers may wish to ask about the status of a limited number
of dedicated telephone lines for participation on a first-come
basis. Observers in the Washington, DC area are welcome to
inquire about space to join the teleconference from the NCD
office.
ADA Comments Sought
The national network of ADA and IT Technical Assistance
Centers, also known as DBTACs, seeks your comments on
experiences with ADA. Your feedback on experiences with
employment, building access, or access to public services will
help the Centers identify training gaps and issues needing
increased technical assistance. Tell them what has worked for
you, what barriers you still encounter, and how ADA has made a
difference in your life. The form is short and simple. Comment
only on topics of interest or concern to you. Comment as often
as you like on any of the several categories. There is no
identification necessary or requested other than the state in
which you live to help ensure we are reaching all parts of the
country.
Go to www.ADATA.org to fill out this brief survey.
Access Board to Create a 508 Advisory Committee
The Access Board is organizing an advisory committee to assist
in the update of its access standards for electronic and
information technology and its guidelines for
telecommunications products. This committee will review these
standards and guidelines and provide recommendations to the
Board on how they should be updated. The Board is seeking
representatives from interested organizations and agencies to
serve on the committee.
This committee will provide a collaborative forum for various
interests and stakeholders to contribute substantive and
detailed input on the new standards and guidelines. The
committee's recommendations will be used to update standards
issued under Section 508 of the Rehabilitation Act for
electronic and information technology procured by federal
agencies. The committee also will advise the Board on updating
guidelines developed under Section 255 of the
Telecommunications Act.
Instructions for submitting applications are included in a
notice published in the Federal Register. This notice and
additional information are available on the Board's website. The deadline for applications is May 18, 2006.
For further information, contact Tim Creagan, the Board's
Section 508 Access Specialist, at creagan@access-board.gov, (202) 272-0016 (voice), or (202) 272-0081 (TTY).
White House Staff Update
Congratulations to Ollie Cantos, who is leaving his new
position as Special Counsel to the Assistant Attorney General
for Civil Rights at the U.S. Department of Justice (DOJ) to
become the next Associate Director on Disabilities of the White
House Domestic Policy Council. Based on his superior DOJ
performance, people with disabilities can expect only the best
from Ollie while he is at the White House.
NOTE: The Bulletin, which is free of charge and at NCD's award-
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Please send your editorial comments to Bulletin Editor Mark S. Quigley (mquigley@ncd.gov). With your free subscription, you
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newsworthy items.
Thank you,
Mark S. Quigley
Director of Communications
National Council on Disability
1331 F Street, NW Suite 850
Washington, DC 20004
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