Settlement in Texas Disabled Parking Lawsuit

Dallas Morning News
Associated Press
December 2, 2009

A proposed $24 million settlement would end a 1997 lawsuit challenging a $5 fee that Texas charged for disabled parking placards

The Austin American-Statesman reported Wednesday that the settlement to the class action lawsuit, filed against the Department of Transportation, faces final approval from a federal judge.

The lawsuit was part of similar cases nationwide claiming charging drivers with disabilities for the right to access violates the Americans with Disabilities Act.

The settlement says Texas would fund a pool to cover refunds to drivers with disabilities who bought the blue parking placards since 1997. A judge in 2008 ordered the state to stop collecting the fee.

Attorney J. Hampton Skelton of Austin says he was happy to reach the agreement on behalf of disabled Texans.
___
Information from: Austin American-Statesman, http://www.statesman.com
http://www.dallasnews.com/sharedcontent/APStories/stories/D9CB54301.html

© 2009, The Dallas Morning News, Inc. All Rights Reserved.

State to Seek Race to the Top Funds

By Winston Skinner
The Times-Herald
December 2, 2009

Georgia will be seeking some of the $350 million in Race to the Top funds -- federal dollars earmarked to rethink how the educational process is evaluated.

U.S. Secretary of Education Arne Duncan has set aside up to $350 million of Race to the Top funds "for the potential purpose of supporting states in the development of a next generation of assessments," according to a U.S. DOE Web site. The department has sought "a wide range of input from assessment practitioners and researchers" in moving forward with the program.

"We have to lead the nation in improving student achievements," Georgia Superintendent of Schools Kathy Cox said at an Education Town Hall at Lindley Middle School in Mableton on Monday -- echoing a goal Georgia DOE adopted shortly after she took office in 2003.

Alisha Thomas Morgan, state representative for District 39, was host for the Education Town Hall. She said Race to the Top "is really a competition encouraging states to improve innovation and creativity and rigor."

Morgan said she believes Georgia is positioned well to get some of the money that is part of the Obama administration's economic stimulus plan. "We've been able to work together in a bipartisan way. We have not been afraid of accountability," she said.

Morgan is a Democrat from Austell. Cox, a Republican, was a Fayette County teacher before she was elected state school superintendent.

"The number one factor in student achievement is an effective teacher," Morgan said.

Cox said there are processes in place that will allow Georgia principals to fire incompetent teachers. "We're going to try to create some more carrots for those high achieving teachers in the near future," she said.

She said there is a national trend to move toward evaluating "what teachers are doing with student learning." Cox said the new Georgia teacher assessment instrument does a better job in that regard than previous evaluation methods.

Cox answered questions posed by adults in the audience and by a panel of Lindley students. One of the eighth graders asked Cox her opinion of the federal No Child Left Behind Act. "No Child Left Behind has helped our state. Are there problems? Yes," she stated.

Cox said there are national discussions taking place about how to fine tune NCLB.

One problem Cox pointed out was the requirement of the Individuals with Disabilities Education Act that students with special needs be given modifications to help them achieve, but those allowances are not permitted under NCLB testing.

At the same time, NCLB has placed a focus on getting the most from special education students.

"The students who have made the greatest gain since 2003 are students with disabilities," Cox said. "We don't need to abandon the idea that all kids means all kids."

During her talk, Cox shared statistics from the National Assessment of Educational Progress. The latest NAEP scores showed Georgia students improving. In most areas, Georgia test scores rose more than the national average -- and in some, Georgia pupils scored above the national average. The test compares students overall in grades four and eight -- and ranks black, Latino and white students as groups, as well.

The only measure on which a subgroup in Georgia did not increase scores more than the national average was fourth grade math scores for black students. Cox noted their scores were still close to the national average.

Reading scores for Georgia eighth-graders in all areas were above the national scores. Cox said middle schools "are doing a heck of a job."

Cox outlined the many responsibilities of the state school superintendent and of the Georgia Department of Education. She said an unofficial, but important, role for the superintendent is to have a vision for improving schools -- and to communicate that vision.

Cox said it is important to communicate "a sense of urgency" about the work ahead for schools and to "get people excited about that vision."

Cox said her biggest disappointment as superintendent was to face the economic downturn just when major strides were being made in education in Georgia. Schools were moving "full steam ahead" when the economic crisis hit -- causing most systems, including Coweta, to furlough teachers because of reduced state revenues, she noted.

"We've had the rug pulled out from under us because of the downturn in the economy," Cox said.

Cox and Morgan both suggested the economic strictures on Georgia schools are not over yet.

Morgan said legislators will face difficult choices when the Georgia General Assembly convenes in January. "We're going to have to make some tough decisions with the budget," she said.

"It's going to be a rough couple of years," Cox predicted. "I don't have a lot of hope to give you within the next two budget cycles in state education dollars."

http://www.times-herald.com/local/State-to-seek-Race-to-the-Top-funds-919031

© 2009 The Newnan Times-Herald Inc

Justice Department Signs Agreement with Wilmington, North Carolina, to Ensure Civic Access

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Tuesday, November 10, 2009

Justice Department Signs Agreement with Wilmington, North Carolina, to Ensure Civic Access for People with Disabilities

WASHINGTON – The Justice Department today announced a settlement agreement with the city of Wilmington, N.C., to improve access to all aspects of civic life for persons with disabilities.

The agreement was reached under "Project Civic Access," a Justice Department initiative to bring state and local governments into compliance with the Americans with Disabilities Act (ADA). This agreement is the 171st reached under Project Civic Access and the tenth this year.

Project Civic Access was initiated to ensure that people with disabilities have an equal opportunity to participate in civic life. As part of the project, department investigators, attorneys, and architects survey state and local government facilities and programs throughout the country to identify modifications necessary to comply with ADA requirements. Depending on the circumstances in each community, the agreements address specific areas where access must be improved.

"Civic access is a basic right guaranteed to all, and today’s agreement illustrates Wilmington’s commitment to improving access for all of its residents and visitors with disabilities," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "We applaud Wilmington for entering into this agreement that will further the rights and opportunities of individuals with disabilities."

The city of Wilmington, also known as the Port City, is located in the southeastern corner of North Carolina between the Cape Fear River and the Atlantic Ocean. Wilmington has become a popular location for filming movies and TV shows. More than 15,400 individuals with disabilities call Wilmington home, and the percentage of Wilmington residents who have a disability is higher than the national average.

Under the agreement announced today, the city of Wilmington will take several steps to improve access for individuals with disabilities, such as:

Making physical modifications to its facilities so that parking, routes into the buildings, entrances, public telephones, restrooms, service counters, and drinking fountains are accessible to persons with disabilities;

Posting, publishing and distributing a notice to inform members of the public of the provisions of the ADA and their applicability to the city’s programs, services, and activities;

Adopting a grievance procedure to deal with complaints of disability discrimination;

Amending its employment policies, as necessary, to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing the Americans with Disabilities Act;

Implementing a plan that will provide accessible sidewalks and curb ramps throughout Wilmington;

Ensuring that the city’s official website is accessible to persons with disabilities, including individuals who are blind or have low vision;

Providing information for interested persons with disabilities concerning the existence and location of the city’s accessible services, activities and programs; and

Installing signs at any inaccessible entrance to a city facility directing members of the public to an accessible entrance or to information about other accessible facilities where services can be obtained.

Today’s agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The agreement will remain in effect for three years. The department will monitor compliance with the agreement until required actions have been completed.

People interested in finding out more about the ADA, today’s agreement with Wilmington, N.C., or the department’s Project Civic Access initiative may find this information on the ADA Web site at http://www.ada.gov or may call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

http://www.justice.gov/opa/pr/2009/November/09-crt-1214.html

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Justice Department Signs Agreement to Improve Civic Access for the Disabled

Justice Department signs agreement with the city of Poplarville, Mississippi, to improve civic access for people with disabilities.

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
November 25, 2009

WASHINGTON – The Justice Department today announced an agreement with the city of Poplarville, Miss., to improve access for persons with disabilities to its programs, services, activities and facilities. The agreement was reached under the department’s Project Civic Access initiative to bring localities into full compliance with the Americans with Disabilities Act (ADA).

This agreement is the 173rd under Project Civic Access and the 12th this year.

"Access to public programs, activities and services is critical to ensuring that individuals with disabilities can participate fully in their communities and in civic life, and the ADA guarantees them that access," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "The department is pleased that city officials have made this commitment to great access for persons with disabilities."

The department’s agreement with the city of Poplarville provides that the city will:

Make physical modifications to its facilities so that parking, routes into the buildings, entrances, public telephones, restrooms, service counters and drinking fountains are accessible to people with disabilities;

Post, publish and distribute a notice to inform members of the public of the provisions of title II and their applicability to the city’s programs, services and activities;

Adopt and implement a grievance procedure to deal with complaints of disability discrimination;

Take steps to ensure that all appropriate employees are trained and practiced in using the Mississippi Relay Service to make and receive calls;

Implement the sheriff department’s Policy on Effective Communication with People Who are Deaf or Hard of Hearing by providing interpreters and auxiliary aids that are necessary to ensure effective communication with individuals who are deaf or hard of hearing;

Amend its employment policies, as necessary, to comply with the regulations of the U.S. Equal
Employment Opportunity Commission implementing the employment provisions of title I of the ADA;

Provide physically accessible polling places;

Ensure equal access to its emergency management programs for persons with disabilities, including preparation, notification, response and clean up;

Implement a plan for accessibility of sidewalks and curb cuts throughout the city; and

Install signs at any inaccessible entrance to a facility directing users to an accessible entrance or to information about other accessible facilities.

Project Civic Access was initiated to ensure that people with disabilities have an equal opportunity to participate in civic life in their community. As part of the project, department investigators, attorneys and architects conduct on-site surveys of state and local government facilities and programs across the nation for the purpose of identifying modifications needed for compliance with ADA requirements. The agreements are tailored to address specific areas of concern where access to a government’s programs or facilities can be improved.

Poplarville is a small city in Pearl River County, Miss. One in every four residents of Poplarville has a disability and will benefit from the access improvements achieved because of today’s agreement.

People interested in finding out more about the ADA, today’s agreement with the City of Poplarville or the Justice Department’s Project Civic Access initiative may obtain this information on the ADA Web site at http://www.ada.gov or by calling the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD).

http://www.justice.gov/opa/pr/2009/November/09-crt-1280.html

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

EC Ratifies the CRPD, The First International Treaty of the 21st Century

By marykeogh
Human Rights in Ireland
November 30, 2009

In the final week of November 2009, the EC has ratified the Convention on the Rights of Persons with Disabilities (CRPD). The CRPD is the first international treaty of the 21st century and it is a result of five years of negotiations with strong involvement from the disability movement. Since its entry into international law on May 3rd 2008, it continues to be ratified across the globe. To-date, the CRPD has 143 signatories and 74 ratifications.

What will the EU’s ratification mean for its disabled citizens? Its ratification gives the 65 million disabled people living in Europe hope that the EU recognises disability as a human rights issue.

At EU level, the CRPD obliges it State Parties to revise existing legislation, policies and programmes to ensure they are in compliance with the Conventions provisions. The thirty or more articles of the CRPD cover all area’s of life ranging from access to education, employment, independent living and development cooperation. Ratifying the CRPD means that the EU across its institutions and programmes will have to work towards progressing inclusion for disabled people in the areas listed above and many more.

On a member state level, 12 countries so far have ratified the Convention (Austria, Belgium, Czech Republic, Denmark, Germany, Hungary, Italy, Slovenia, Spain, Sweden, Portugal, and the UK). Yannis Vardakastanis, President of the Brussels-based European Disability Forum, stressed: “The European Union has not only achieved a major step in its history, but it is also sending a positive signal to its Member States that haven’t ratified the Convention yet.”

While the CRPD’s ratification was welcomed by many disability groups in the EU, there was also disappointment with regard to; the delay in ratifying the Optional Protocol (which enables complainants to communicate directly with the Conventions committee regarding violations by a state of provisions of CRPD) and the reservation of the Council to exclude the employment of disabled people in the armed forces.

Ireland signed the Convention in March 2007, however as of yet has given no definite timetable for its ratification. It is time now for our government to consider joining alongside its fellow EU member states and ratify the Convention to ensure continued protection of the rights for its 393,786 disabled citizens.

http://humanrightsinireland.wordpress.com/2009/11/30/european-community-ratifies-the-united-nations-convention-on-the-rights-of-persons-with-disabilities/

Copyright © 2009 Human Rights in Ireland

Report Outlines Deep Cuts If Oregon Tax Measures Fail

By Frank Mungeam and AP Staff
December 1, 2009

SALEM, Ore. -- A new, 100-page report released by the state of Oregon details potential budget cuts if two tax measures are not passed in a January 26, 2010 special election.

Measures 66 and 67 would raise taxes on businesses and high-income households.

Proponents of the pair of tax measures say they will generate $733 million dollars in revenue. If those tax measures fail, a wide range of programs face cuts to make up a projected shortfall in the state budget.

Among the projected cuts: more than 15,000 seniors with disabilities would lose Oregon Health Plan coverage; 3,000 families with two unemployed parents would lose monthly payments; and the Department of Corrections would close three prisons and release 1,600 inmates.

One of the hardest-hit agencies would be the Department of Human Services. The department outlined 16 pages of proposed cuts to make up a 5 percent budget shortfall.

Schools, universities, prisons, state police and courts could all be cut, lawmakers said Monday after releasing the report.

The Legislative Fiscal Office, the Legislature's budget experts, compiled the list from proposals submitted by state agencies for cuts of 5 percent and 10 percent of their current two-year budgets.

"These cuts on top of $2 billion in cuts we made earlier this year would do great harm to our schools, our colleges and universities, and to core services that Oregonians are relying on in these tough times," said House Speaker David Hunt, a Democrat from Gladstone.

But a spokesman for the opposition campaign said the list was compiled to influence the election, which will be Jan. 26.

"It's an effort to create a disaster scenario that says if these measures do not pass, the world as we know it will come to an end," said Pat McCormick of Oregonians Against Job-Killing Taxes.

The $733 million that would be raised if voters approve Measures 66 and 67 amounts to about 5.5 percent of the $13.3 billion state general fund budget.

The tax increases would fall on households earning more than $250,000 on a joint return, or $125,000 for a single filer, and corporations netting more than $250,000.

Small businesses have objected to the restructured corporate minimum tax, which would be raised from $10 to at least $150 and as high as $100,000 on businesses with $100 million in Oregon sales.

Budget cuts could also affect college students by increasing tuition and forcing colleges to cut professors and staff.

Republican Nick Smith labeled the projected cuts "scare tactics" designed to convince voters to approve the tax increases.

http://www.kgw.com/news/local/Report-outlines-deep-cuts-if-Ore-tax-measures-fail-78223297.html

http://www.kgw.com/
Newsxchannel 8
Portland, Oregan

Copyright 2009 KGW.

New Study in Pediatrics Puts Autism Prevalence at 1 In 91 American Children

Among American children, 1 in 58 boys are affected by autism.

Autism Speaks, Inc.

A new study published October 5, 2009 in the American Academy of Pediatrics' journal Pediatrics found a parent-reported autism prevalence rate of one in every 91 American children, including one in 58 boys. The study used data gathered as part of the 2007 National Survey of Children's Health (NSCH), a national survey directed and funded by the Health Resources and Services Administration (HRSA) and Centers for Disease Control and Prevention (CDC).

In the NSCH study, more than 78,000 parents of children aged 3 to 17 years were asked whether their child currently had an autism spectrum disorder (ASD) diagnosis – including autism, Asperger's syndrome, pervasive developmental disorder, or another ASD or whether their child had been given that diagnosis in the past, but was no longer diagnosed with ASD.

The CDC announced that an updated report from their Autism and Developmental Disabilities Monitoring (ADDM) Network would be released by the end of the year with their preliminary results showing that approximately 1% of children in their study have an ASD. Since the ADDM study is not expected to be published for several months, we do not believe the official CDC estimate will change until that time.

These new findings reinforce that autism is an urgent and growing public health crisis that affects most individuals across their lifespan and demands a commensurate level of action from both the public and private sectors.

http://www.autismspeaks.org/donate/we_need_answers.php
© 2009 Autism Speaks Inc.

Contact Us http://events.autismspeaks.org/site/lookup.asp?c=nkJ1JdNNJpH&b=3941697

Strike Forces Target Medicare Fraud

Chuck Neubauer and Jerry Seper
Washington Times
Tuesday, December 1, 2009

Starting in the spring of 2007, federal, state and local law enforcement officials came together in South Florida to hunt down and charge people with defrauding the country's multibillion-dollar Medicare system.

Known as the Medicare Fraud Strike Force and now expanded across the country, the group has since indicted more than 300 health care providers nationwide and has broken up operations that accounted for more than $700 million in fraudulent Medicare claims.

Former U.S. Attorney R. Alexander Acosta, who put a priority on health care fraud cases when he was the government's chief prosecutor in Miami, said the decision in Washington to make such coordinated efforts permanent is starting to have an impact, but that more needs to be done to make a real dent in the kickback and false-billing schemes that plague the national health care program.

"The fight against health care fraud had already begun at the local level, but the strike forces brought additional manpower, expertise and necessary resources," said Mr. Acosta, now dean of the Florida International University College of Law in Miami.

"They put a spotlight on a national problem, allowed us to continue our work and more than doubled the resources available to us," he said. "It has become a very successful partnership for a too-often-ignored problem."

Assistant Attorney General Lanny A. Breuer, who heads the Justice Department's criminal division, told the Senate in May that federal and state spending on Medicare and Medicaid totaled $800 billion a year and that "according to various estimates, somewhere between 3 and 10 percent of this spending is lost to waste, fraud and abuse."

Mr. Breuer told The Washington Times that because criminals are "devising more sophisticated ways of stealing billions of dollars from federally administered health care programs, and they are stealing it faster now than ever before," the Justice Department is committed to shutting them down. "We must stop the bleeding, and we are committed to do so," he said.

Medicare is a government-paid insurance program begun in 1965 that provides health care to about 40 million people 65 and older and 7 million younger people with permanent disabilities.

The program accounted for about 13 percent of the federal budget and 19 percent of the total health care expenditures in 2008.

Health and Human Services Secretary Kathleen Sebelius said the strike force has a "proven record of success," using a data-driven approach to identify unexplainable billing patterns and investigate providers for fraudulent activity.

http://www.washingtontimes.com/news/2009/dec/01/strike-forces-target-multimillion-dollar-medicare-/

© Copyright 2009 The Washington Times, LLC.

High-Speed Rail Important to Rural Transportation

By Howard A. Learner
Winona Daily News
Winona, MN
Tuesday, December 1, 2009

Rural transportation has traditionally meant cars and pickups, highways and Greyhound buses.

While the intercity buses are fewer and farther between, that doesn't change people's needs to get from place to place. Most people have cars and trucks, but some elderly or disabled people can no longer drive, and with gas prices going up, some unemployed and lower-income people can no longer afford to drive much.

In rural America, where the percentage of people older than 65, is expected to triple, mobility can be challenging, and more transportation alternatives are needed.

The upcoming federal transportation reauthorization legislation should provide room for new ideas and mobility solutions. Congress can help provide rural Americans with better access to government and medical services, education, jobs and visits with friends and families. Here are two ways:

First, modern, fast, comfortable and convenient higher-speed intercity rail service will help rural transportation access. Most people think about high-speed rail as linking big Midwest cities, but carefully chosen stops along the way can provide important new transportation services for rural residents. The fast trains shouldn't have a lot of stops, which would make them into milk runs. However, there will likely be stops in places like Winona, La Crosse and Watertown, Wis., and Bloomington, Ill.

For example, the planned new high-speed rail service between Madison and the Twin Cities may stop in Winona. There are 13 counties in Wisconsin, Minnesota and Iowa with more than 600,000 people within a 60-mile radius of Winona. High-speed rail service would provide these rural residents with better access to Chicago, Madison, Milwaukee, Minneapolis-St. Paul and other cities in between. Scheduled shuttle buses between outlying rural towns and Winona could make this rail service more accessible for meeting rural mobility needs.

According to an economic study conducted for nine state departments of transportation, the new Midwest high-speed rail network can create 57,000 permanent new jobs across the region, produce more than a $1 billion in additional household income and spur almost $5 billion in private new development near Midwest rail stations.

The House Transportation and Infrastructure Committee proposes to invest $50 billion in general revenue funds over five years to support high-speed rail development across the nation.

The full Congress will soon address transportation infrastructure and funding issues. High-speed rail development is a key opportunity for rural America, not just for the big cities.

Let's seize this opportunity to gain benefits for both rural and urban Midwesterners.

Second, advanced software, communications and GPS technology have enhanced scheduling for urban bus systems and air taxis. In Chicago, people can check their iPhones and Blackberrys to find out when a bus will actually arrive at a stop. This type of scheduling technology and Internet service can also be applied to make rural transit shuttle services more efficient, predictable and coordinated for moving people from place to place.

Imagine a flexible transit service in which rural riders could call or e-mail a dispatcher asking to be picked up in a certain timeframe. The software program determines the most efficient routes, timing and coordination for drivers shuttling among passenger pick-ups and drop-offs. Although this may be more challenging and less time-certain in spread-out rural areas than in more dense urban areas, modern software scheduling technology can make these shuttle services work better.

Congress should provide funding for 10 to 15 pilot projects through a competitive grants program focused on harnessing technology for on-demand transportation services in underserved rural areas.

Let's deploy new technologies creatively to improve the efficiency of rural transit services in providing access to jobs, government services and health care. This would especially helpful for elderly and disabled rural residents who cannot drive.

The federal Section 5311 Rural Public Transportation Program provides $400
million to $500 million annually to support rural transit and infrastructure development, and about $8 million is allocated for the Section 5311(b)(3) rural transit technical assistance and training program. Innovative pilot programs for on-demand rural transportation services should fit well.

It's time for new ideas for better rural transportation.

Howard A. Learner is the executive director of the Environmental Law and Policy Center, a leading Midwest environmental and economic development advocacy organization.

http://www.winonadailynews.com/news/opinion/article_e88b14f8-de33-11de-919d-001cc4c002e0.html

© Copyright 2009, winonadailynews.com, 902 East Second St, Suite 110 Winona, MN

Princeton Family Thankful For Transportation

Arezow Doost
PRINCETON
(CBS 11 / TXA 21)

A North Texas family in desperate need of a handicap van got their wish Saturday.

The family from the Collin County town of Princeton will no longer have to cram their disabled little boy in a minivan, and it's all thanks to a non-profit organization.

It's an used 1999 dodge van with 57,000 miles on it.

For the Hicks it's what they've been desperately praying for."It's in great shape!" says Danielle Hicks. "This is going to change the lives of our entire family."

Especially the life of her son Ashley. The 9-year-old has cerebral palsy and dystonia, a movement disorder.

CBS 11 first told the family's story back in August. They showed us the challenges behind getting their son to the doctor in their minivan.

The family heard about the group Free Charity Cars and applied immediately.All summer long they waited for someone to donate a handicap equipped to the non-profit which gives away donated cars to struggling families.

Then in October, they got the call the day before Ashley was set to have brain surgery."The day of his surgery my little red minivan blew up" remembers Danielle.

The family is hoping to sell the minivan and donate the money to Free Charity Cars.

As they look forward to getting used to their new ride, "We can go places as a family where before we didn't."

They say it's already changed their lives."We have been planning trips to the zoo, but I think our first trip will be to the Fort Worth Museum of Science and History."

Dallas / Fort Worth Local News
Arezow Doost PRINCETON (CBS 11 /TXA 21)

http://cbs11tv.com/local/ashley.hicks.free.2.1327049.html
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)