WASHINGTON, Nov. 8 2004 LAWFUEL – Law, legal, attorney, law firm n…

WASHINGTON, Nov. 8 2004 LAWFUEL – Law, legal, attorney, law firm news Following is the latest edition of the NCD Bulletin, a monthly publication of the National Council on Disability (NCD):

The Bulletin, which is free of charge and at NCD’s award- winning Web site ( http://www.ncd.gov ), brings you the latest issues and news affecting people with disabilities. Please send your editorial comments to Bulletin editor Mark S. Quigley (mquigley@ncd.gov).


NCD Reports

On Oct. 26, NCD released a report entitled Consumer-Directed Health Care: How Well Does It Work? ( http://www.ncd.gov/newsroom/publications/2004/consumerdirected.htm ) at a news conference and public dialogue at the National Press Club in Washington, DC.

The report evaluates the evidence base for the nation’s consumer-directed health care efforts. It also offers a clear picture of the strengths and weaknesses of the Federal Government’s current research agenda for consumer-directed health care for Americans with disabilities. The report sheds light on the relationship between consumer-directed health care and practice. It provides a basis for policymakers who use health research evidence to inform their policy decisions (e.g., about MiCASSA, Money Follows the Person, Olmstead, and Real Choice Systems Change Grants) in keeping with the intent of the New Freedom Initiative.

News conference participants included Carol Novak, Member, NCD; Dennis G. Smith, Director, Center for Medicaid and State Operations; Jonathan Hughes, Consumer, Tampa, Florida; Carol Tobias, Assistant Professor, Boston University, School of Public Health; Bob Kafka, National Organizer, ADAPT (American Disabled For Attendant Programs Today); and Linda Horton St. Hubert, Director of Consumer and Community Education, AIDS Alliance.

On Oct. 28, NCD released a report entitled Design for Inclusion: Creating a New Marketplace ( http://www.ncd.gov/newsroom/publications/2004/newmarketplace.htm ) at a news conference at the National Press Club in Washington, DC. The report seeks to educate designers and manufacturers about how electronic and information technology (E&IT) intersects with the needs of individuals with disabilities, and how designing with access in mind can significantly increase the size of targeted markets for E&IT.

News conference participants included Joel I. Kahn, Ph.D., Member, NCD; Benjamin H. Wu, Assistant Secretary Nominee for Technology Policy, U.S. Department of Commerce; PJ Edington, Governmental Programs Executive, Accessibility, IBM; Jamal Mazrui, Technology Specialist, Federal Communications Commission; Brad Fain, Ph.D., Senior Research Scientist, Georgia Tech Applied Research Institute; Laura Ruby, Manager, Regulatory and Industry Affairs, Microsoft; Ken Salaets, Director, Government Relations, Information Technology Industry Council; Kelly Pierce, Cofounder, Digit-Eyes; and John Yeh, president, Viable Technologies.

This event is available as an archived Web cast at http://www.connectlive.com/events/ncd . It will also be available at http://www.ncd.gov in November.

On Dec. 1 at 10 a.m., NCD will release its report Righting the ADA at a news conference in the Holeman Lounge at the National Press Club, 529 14th Street, NW, Washington, DC. The report contains NCD’s legislative proposal, known as the “ADA Restoration Act,” to undo the limitations placed on the Americans with Disabilities Act by several U.S. Supreme Court decisions over the past few years.

On Dec. 2 at 10:30 a.m., NCD, cohosting with the assistance of the House Bipartisan Disability Caucus and the House Livable Communities Caucus, will release a report on livable communities for adults with disabilities in Room HC-8 of the Capitol Building. The report articulates the elements of a livable community, highlights existing examples of livable U.S. communities that can serve as models for others, and describes how communities can develop and sustain their livability features.

All NCD news conferences are free and open to the public.

IDEA Update

In October, the Government Accountability Office (GAO) released September 2004: SPECIAL EDUCATION Improved Timeliness and Better Use of Enforcement Actions Could Strengthen Education’s Monitoring System. This report evaluates how the Department of Education (ED) monitors state compliance with the Individuals with Disabilities Education Act (IDEA) for children aged 3 to 21, the extent and nature of noncompliance found, and how ED has ensured that noncompliance is resolved once identified. GAO analyzed ED monitoring documents, interviewed state and federal officials, and visits 5 state special education offices. GAO found that in the states ED visited for further inspection from 1997 to 2002, ED identified roughly equal amounts of noncompliance for failing to adequately provide services to students and noncompliance for not adhering to IDEA’s procedural regulations. ED found 253 compliance failures in 30 of the 31 states visited, with an average of approximately 8 across the 30 states. GAO found that 52 percent of compliance failures were directly related to providing student services, such as counseling and speech therapy. The remaining 48 percent involved a failure to meet certain IDEA procedural requirements. GAO recommends that the Secretary of Education issue guidance to states for collecting data on key outcome measures. GAO also recommends that ED improve response times throughout the monitoring process and impose realistic time frames and firm deadlines for remedying noncompliance. The report can be found at http://www.gao.gov/new.items/d04879.pdf . NCD’s related IDEA report, Back to School on Civil Rights, is available at http://www.ncd.gov/newsroom/publications/2000/backtoschool_1.htm .

After passing different versions of the bill to reauthorize IDEA, House and Senate conferees are set to begin deliberations when they return after the elections.

Assistive Technology Update

On Oct. 25, President Bush signed into law the reauthorization of H.R. 4, the Assistive Technology Act of 2004, to support state grants to address the technology needs of people with disabilities. For more on assistive technology, see NCD’s 2001 report The Accessible Future ( http://www.ncd.gov/newsroom/publications/2001/accessiblefuture.htm ).

NCD Listserv Update

On Oct. 27, after poor software performance, the NCD listserv was expunged to prevent additional problems and frustrations for users.

NCD extends its sincere apologies to all who suffered through multiple e-mail messages in late October. This same problem occurred three times before. If suitable software is found for a new listserv, NCD will advertise that information in future NCD Bulletins and on the NCD Web site at http://www.ncd.gov/listserv.htm .Your patience and support are appreciated.

NCD Quarterly Meeting

NCD’s next quarterly meeting will take place from 8 a.m. to 5 p.m., Nov. 2930, at the Renaissance Washington, D.C. Hotel, 999 9th St., NW, Washington, DC. Among other things, the agenda will include a panel on outdoor activities for people with disabilities and a discussion on planning for a civil rights roundtable.

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