National Council on Disability (NCD)


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- winning website (www.ncd.gov) brings you the latest issues and news affecting people with disabilities. Subscribe to NCD then complete the short subscription form.

Please send your editorial comments to Bulletin Editor Mark S. Quigley (mquigley@ncd.gov). With your free subscription, you will receive critical information on issues affecting people with disabilities, including a monthly newsletter known as the NCD Bulletin, news releases, legislative updates, and other 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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