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August 2003
Survey of Section 508 Compliance in Federal Agencies
By Patricia Daukantas, GCN Staff
The Section 508 Working Group is preparing to survey all executive branch agencies about their IT's accessibility to the 54 million disabled Americans, an Office of Management and Budget official said today.
The Justice Department's Civil Rights Division is in charge of the survey, but the General Services Administration will administer it, said Lesley A. Field, a policy analyst in the Office of Federal Procurement Policy.
Section 508 of the Rehabilitation Act Amendments of 1998 requires the survey every two years. Field spoke at the second annual Congressional Web Accessibility Day sponsored by the Bipartisan Disabilities Caucus.
Web sites are updated so frequently that accessibility should be an integral part of site design rather than a periodic tweak, said Ali Qureshi, Web systems branch manager for House Information Resources. "You can be compliant today but maybe not tomorrow," Qureshi said.
At the start of the 108th Congress in January, House Information Resources provided all new House members with a basic, one-page accessible Web site as a starting point, he said. Rep. James Langevin (D-R.I.), co-chairman of the Bipartisan Disabilities Caucus, praised the congressional Office of Compliance and House Information Resources for their work in helping Capitol Hill webmasters improve the accessibility of congressional pages.
Alma Candelaria, House deputy executive director for the Compliance Office, said she hopes that Congress soon will pass a law extending Section 508 regulations to the legislative branch. Agency and congressional webmasters have been discovering the usefulness of working together and sharing best practices, said Terry Weaver, director of the General Services Administration's Center for IT Accommodation.
Kathy Goldschmidt,technology services director for the Congressional Management Foundation, offered five tips for improving Web site accessibility without adding layers of expensive technology:
1- Add descriptions to all images
2- Make all links easy to understand out of context
3- Make it possible to skip repetitive lists of links
4- Remove any blinking, moving or flashing elements
5- Add links to plug-in download sites on pages that require such plug-ins.
"Unfortunately, ensuring a Web site is accessible is not usually a consideration in the design process," Goldschmidt said. Goldschmidt, who co-authored the Congress Online Project's most recent study of House and Senate Web sites, said that her group will test for accessibility in future surveys.
Source: Government Computer News, 07/22/03
New AARP Report: Americans with Disabilities "Beyond 50"
A new study from AARP reports that more than anything Americans, with disabilities age 50 and over want independence and control in their daily lives, but they are too often thwarted by the lack of affordable options to help meet their needs. Further, the absence of an organized system for delivering services means many persons with disabilities and the family members who often assist them are unaware of existing support sources.
The report, "Beyond 50 2003: A Report to the Nation on Independent Living and Disability" includes results of the first ever national survey of Americans age 50+ with disabilities. The report documents the gap between what they say they need and what is available. It also raises concerns that the U.S. is ill-prepared to meet the demand for independence among people over the age of 50 who will experience disabilities in the coming decades. "Long-term independence for persons with disabilities is an increasingly achievable social goal," AARP Policy and Strategy Director John Rother said. ...
"As the influx of Boomers enters their 50's and 60's, they will bring their attitudes of competitive consumerism to health care delivery, and will demand greater choice and control of available services," explained Rother. "The good news is that there is time to prepare for those demands," he continued. ...
The "Beyond 50" report, the third in a series of annual AARP comprehensive studies on the status of Americans over age 50, found that almost half (46%) of 50-plus Americans with disabilities (including nearly 60 percent of those between the ages of 50 and 64) believe that having more control over decisions about services and the help they need would bring a major improvement in the quality of their lives. In the same vein, Americans 50+ with disabilities say their greatest fear is loss of independence and mobility.
Currently, most of those with disabilities (51%) are managing independently, with less than half (49%)
receiving any regular help with daily activities, such as cooking, bathing and shopping. However, more than half of those with disabilities (53%) also say they were unable to do something they needed or wanted to do in the past month — quite often basic tasks such as household chores or exercise.
Most (88%) of the help people reported receiving is volunteer assistance from family or other informal caregivers. Most persons 50 and older with disabilities (61%) strongly prefer this type of assistance with everyday tasks. And only one out of three uses any community-based service. Some of the unmet needs could be met by making modest independence-enhancing assistive equipment (such as walkers and wheelchairs) and new technologies more widely available, the report concluded. Others, such as for more human assistance with daily activities, will take more resources. As many as 3 million (almost 25%) persons 50+ with disabilities need more help than they receive now with daily activities.
The "Beyond 50" report found that, on average, people with disabilities 50 and older give their community a grade of B-/C+ as a place that makes it possible for them to live independently. While some community features receive good marks, others — most notably, public transportation — are rated poorly. More than half of respondents (59%) currently give their communities a C or lower rating for having dependable and accessible public transportation.
Inadequate health insurance coverage is at the top of a list of problems experienced by persons 50 and older with disabilities. This is even true for those with Medicare coverage, which does not pay for prescription drugs. In addition, one out of three reports specific needs, such as for assistive equipment, not covered by health insurance.
Rother said while many relatively inexpensive immediate fixes would make an important qualitative difference, other improvements will require longer-term, more fundamental change. Planning for these changes must start now, he said. He noted that while the vast majority of persons age 50 or older do not require long-term assistance at any given time, most people will require some help at some point in their lives, and most families will deal with these issues as family members age. Rother also pointed to consumer checklists in the report to help individuals and families take steps to prepare for long-term independence, including living a healthy lifestyle.
Based on the "Beyond 50" findings, AARP outlines a number of proposals for critical long-term improvements:
- Individuals must be insured against the high costs of long-term supportive services. Ways must be found to share the risk of these unpredictable costs more widely among public and private sources. Public funding for long-term supportive services needs to be reoriented toward more options for home and community-based care. The nation also must provide more options for "consumer-direction" in publicly funded programs.
- Communities need to be made more physically accessible for more people with disabilities.
- Information and services need to be more navigable for those who are trying to learn more about available long-term services and whether or not they are eligible. America's health care system must adjust its focus to enhance functioning and health-related quality of life, not just provide acute and curative care.
The report, by AARP's Public Policy Institute, is based on commissioned original research, including a telephone survey of 1,102 persons with disabilities age 50 and older conducted by Harris Interactive last September. It also includes an AARP-conducted review of a wide array of previously published data and literature, as well as newly commissioned analyses of the National Long-Term Care Survey and the Medical Expenditure Panel Survey. ...
Source: Great Lakes ADA and Accessible IT Center; AARP Press Release April 29, 2003
U.S. Dept. of Transportation Requires Carriers to File Disability Complaints
Beginning next year, U.S. and foreign air carriers serving the United States will be required to record complaints they receive regarding the treatment of passengers with disabilities and to report these complaints annually to the U.S. Department of Transportation (DOT).
This new rule, published in today's Federal Register, is part of DOT's continuing effort to work toward barrier-free travel by individuals with disabilities, U.S. Secretary of Transportation Norman Y. Mineta said at a recent forum focusing on issues faced by air travelers with disabilities.
"I have spent my career in public life dedicated to the principle that no one should be subjected to unfair treatment because of the population group to which they happen to belong," U.S. Secretary of Transportation Norman Y. Mineta said in remarks at the June 24 forum in Washington. "Ensuring that this principle is put into practice is a task that I take seriously and I firmly believe our work is doing just that."
Secretary Mineta's work protecting the rights of disabled persons extends back to his days in Congress. As chairman of the House Public Works and Transportation Committee's aviation sub-committee, he played a major role in the enactment of the Air Carrier Access Act (ACAA) in 1986. He continued his advocacy of the disabled as co-author of the Americans with Disabilities Act, whose 13th anniversary will be celebrated this July 26.
The new rule will require all carriers operating aircraft with more than 60 seats to file with DOT records of complaints they receive regarding inadequate accessibility or discrimination on the basis of disability. Complaints will be categorized according to the passenger's disability.
This will supplement information currently being filed by passengers
directly with DOT that is summarized monthly in the department's Air Travel
Consumer Report.
Participants at the recent forum, which included experts from the disability community, the airline industry, airline associations, airport service companies and government, shared information about what works and what is needed to improve the air travel environment for persons with disabilities.
A number of issues were discussed such as ways to better educate air travelers with disabilities about DOT's Disability Hotline (voice: 800/778.4838; TTY: 800/455. 9880), methods for improving the department's May 9, 2003, service animal guidance, and means by which passengers with disabilities can assist in making the air travel experience smoother (e.g., providing advance notice for wheelchair assistance even though such notice is not required).
In addition to steps taken by individuals with disabilities and air carriers, DOT has also taken numerous actions to remove barriers to air travel by passengers with disabilities. Its recent accomplishments in this area, in addition to the new rule on passenger complaints, include:
- Establishment of a toll-free hotline for information on air travel by individuals with disabilities and "real-time" assistance with disability-related air travel problems.
- Investigations of air carriers for violations of the ACAA. Many of the investigations have focused on enplaning and deplaning assistance by air carriers and wheelchair service between connecting flights. These investigations resulted in consent orders with several carriers involving civil penalties. More importantly, they resulted in real improvements in the services airlines provide to air travelers with disabilities.
For more information, contact Bill Mosley at 202/366-5571.
Source: US Dept. of Transportation
Housing for the disabled is facing a lack of progress
By David Sharos, Special to the Tribune
William J. Malleris [the interviewee] is president of Maple Court Development Inc., which creates housing that is barrier-free for those who are handicapped and those who aren't. His 48-unit Maple Court, completed in 1996 in Naperville, has 20 barrier-free affordable units along with 28 market-rate, adaptable units.
Q. Are builders or communities making much progress these days in terms of housing for persons with disabilities?
A. The increased enforcement of the Federal Fair Housing Act as amended in 1988 and its accessibility requirements for new construction have had an impact.
In 1991, the accessibility requirements became effective; however few builders were following them. During 1997, testing in the Chicago metropolitan area was completed, and 48 out of 49 new multi-family developments failed to comply with the accessibility new construction requirements. The only development in compliance with the new construction accessibility requirements was our own Maple Court in Naperville.
Q. What is slowing down the process? Is it a lack of funding or education? Are more changes needed in local ordinances?
A. The process has been slowed in the past by builders refusing to make reasonable changes at the planning stage. The typical builder is accustomed to a cookie-cutter approach. Many builders resist any change, especially at the early stages of planning. The process has, however, been sped up due to increased enforcement at the federal level. Funding is a factor for developments that rely on public money. Education about federal requirements for affordability and accessibility for the handicapped is being conducted at the national, state, and local level on a consistent basis.
Q. What are some of the building requirements that we are talking about?
A. The seven accessibility technical requirements for new construction of multi-family housing consist of: (1) an accessible building entrance on an accessible route; (2) accessible and usable public and common use areas; (3) usable doors; (4) an accessible route into and through the covered unit; (5) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (6) walls that are reinforced for grab bars and (7) accessible kitchens and bathrooms.
Q. What further changes do you recommend?
A. Changes needed at the local government area are enhanced ordinances, written to include federal fair housing accessibility requirements for new construction. This effort alone will assure compliance at all levels, because ordinances are enforced and inspected at the local level. A change in the state accessibility code to include the federal requirements also would be very helpful.
Q. Which communities in the Chicago area seem to be doing the best in terms of addressing accessibility and affordability?
A. Naperville has shown tremendous leadership in this area with four specific ordinances, which include the fair housing ordinance, the planned unit development ordinance (which provides incentives for developers when they exceed the federal, state, and local codes for accessible housing), visitability provisions for single-family homes and town homes, and enhanced accessibility in the community's engineering and design guidelines. The City of Chicago is working on enhancing its local ordinances for accessibility, which wil1 include multi-family housing, single-family homes and townhouses.
Q. Are new buildings being equipped with ramps or direct access to street level in order to make things easier to access?
A. New multi-family housing is inc1uding increased direct access and/or ramps for primary entrances due to rising enforcement. However, the coverage would be further increased if state accessibility codes and local ordinances would include the seven accessibility technical requirements for new construction.
Q. What about supply and demand? Are there people who are unable to find accessible housing that is dedicated to their needs? How do they cope in the meantime?
A. There is not enough accessible housing supply to meet the demand at all income levels. There are more people with disabilities and/or family members looking for housing that addresses their needs than the available supply can satisfy.
The need will continually rise as the disability population increases due to accidents or other health related reasons.
We must undertake a combined effort to increase the accessible housing stock in this country. People are being locked up in their apartments and homes or being forced into a nursing home in the meantime, which is not the answer.
Another answer would be the establishment of a comprehensive home modification program in Illinois. Such a measure was passed in 2001, consisting of Public Law 92-0122. However, this program was not funded.
A home modification program would have a significant impact and provide immediate assistance to persons with disabilities in their own homes and apartments.
Readers are encouraged to ask questions about home building, construction techniques, financing and other matters pertaining to new housing. Write to Ask an Expert, New Homes section, Chicago Tribune, 435 N. Michigan Ave., 4th floor, Chicago, Ill. 60611.
 Ask an Expert
Source: The Chicago Tribune, 5/17/03.
Fair Housing Training
Access Living is offering Disability Fair Housing Training on two dates at two Chicago Public Library sites — on August 26th at the Austin-Irving branch at 6100 W Irving Park Road and on September 12th the Chicago Lawn branch at 6120 S Kedzie Street.
The trainings will run from 9:30 to 3 PM and will cover the state of housing in Illinois for people with disabilities, Section 504 of the Rehab Act, provisions under the Fair Housing Act Amendments, FHAA access requirements in new construction, and the Chicago Landlord and Tenant Rights. There will be time for questions and answers and group discussion. Topics will also include reasonable accommodation and modification, prohibited inquiry, programmatic and physical access, Section 8 requirements, accessibility guidelines, new construction complaint process, and a brief review of the IL Environmental Barriers Act.
For further information and to register, contact Darrell Price at Access Living, 312/253.7000 (TTY 312/253.7016). Reasonable accommodations will be provided when requested at least 48 hours in advance of the event. Refreshments and lunch will be provided; reimbursement for public transportation will be provided.
The events are made possible in part by a grant from the City of Chicago Department of Housing.
Daley to offer Tax Breaks to Employers
By Shia Kapos, Associated Press Writer
CHICAGO (AP) — Mayor Richard Daley said Wednesday the city plans to offer tax breaks and other incentives to businesses that hire or are owned by people with disabilities. Daley, who spoke at an employment fair at Navy Pier for people with disabilities, said he expects companies to contract with businesses owned by people with disabilities "because it's the right thing to do."
The mayor used the job fair to highlight the work of his Task Force on the Employment of People With Disabilities, which will soon start certifying companies owned by or that hire people with disabilities. That list will be distributed to the public and private sector, city officials said, and those companies could be entitled to redevelopment agreements and economic and other incentive programs. "When a company chooses to relocate, negotiations (about tax breaks) don't include people with disabilities. The mayor has directed the task force to change that," said Gil Selders, the task force's deputy commissioner.
Though the mayor discussed a set-aside program for the disabled in October, the task force said Wednesday that such a program is unlikely for now. It would be next to impossible to prove that companies were frozen out of contracts because of past discrimination, said David Hanson, commissioner of Daley's Office for People With Disabilities. ...
Daley recently said he would consider setting aside contracts for gay- and lesbian-owned businesses that can prove past discrimination.
Chicago's 25 percent and 5 percent set-asides for minorities and women are the subject of a lawsuit in federal court.
So far, the city has 25 companies on a list as being owned by people with disabilities.
None of the 52 companies at Wednesday's job fair are owned by people who are disabled but all want to hire those workers, officials said, and all could be eligible for incentives once the plan takes effect. Daley said more than 600,000 Chicago residents live with a disability. About 400,000 of them are 21 to 61 years old and could work but are unemployed, he said.
"It's not because they aren't willing to work. It's because many of them can't find work. It's a tremendous waste of talent and a strain on the city's economy," Daley said. Participants at the job fair praised the city's efforts.
"Employers tend to be scared because they don't understand the disability. They don't know what they can do to accommodate people with disabilities and that it wouldn't be a hardship," said Donna Willey, a 43-year-old computer trainer whose multiple sclerosis forces her to walk with a cane. "Sometimes it's as simple as putting in a $12 grab bar."
Source: The Associated Press, 7/16/03
Timely Help for AmeriCorps
Betraying his oft-repeated promise to expand opportunities for meaningful national service, President Bush has not lifted a finger to secure the extra money needed to avoid devastating cuts to AmeriCorps, the federal government's flagship domestic volunteer program. Fortunately, however, Republicans and Democrats in the Senate have now joined together to try to fill the leadership gap.
By an overwhelming margin, the Senate voted last week to provide an extra $100 million this year to AmeriCorps — a necessary step to spare the agency from having to leave unfilled 20,000 of its 50,000 volunteer positions.
The broad bipartisan support for the measure signaled recognition of the degree to which local communities have come to rely on the help of eager AmeriCorps members, who each serve up to a year. Full-time workers receive $4,725 educational stipends for performing valuable tasks like cleaning up parks or teaching at-risk children. The vote also recognized that punishing cash-strapped localities and the thousands of idealistic young people who have signed up to serve is not the answer to whatever management and accounting problems may have contributed to the current crisis.
Final approval of the crucial funds for AmeriCorps now rests with the House, where Republican leaders seem determined to block the rescue effort. This gives Mr Bush one final chance on national service issues to reclaim the leadership position that he relinquished by quietly standing aside as Congress slashed his original request — and then by ignoring pleas from communities across the country to include additional financing for AmeriCorps in his latest supplemental budget proposal. By leaning on recalcitrant GOP House leaders to support the Senate measure, the president could reassert his commitment to a noble program.
Source: The New York Times, 7/17/03.
House Leaders Delay AmeriCorps Action
WASHINGTON, July 21 — Facing a majority of House members in favor of emergency spending for AmeriCorps, House Republican leaders who oppose the increase for the program decided today to put off a floor confrontation.
Supporters said they believed that a cash infusion would arrive soon, after a compromise with the Senate.
AmeriCorps, the national service program, is facing a cash crisis, and it has warned of drastic cuts to popular initiatives like Teach for America, City Year and Save the Children if Congress does not appropriate $100 million in a few weeks. In New York, the financing would be cut by 68 percent and the number of volunteers who receive stipends would be reduced to 599 from 1,959. Nationwide, 20,000 out of 50,000 positions would be eliminated, AmeriCorps officials said. "Here we are in the middle of a recession, and there are no jobs out there," Representative Norman D Dicks, Democrat of Washington."Why would we do this to volunteers right now?"
Mr Dicks sponsored an amendment adding the $100 million that was defeated tonight by the appropriations committee in a party line vote.
The Senate recently voted 71 to 21 to add $100 million for the program to a $1.9 billion spending bill for disaster appropriations.
Source: The New York Times, 7/22/03
Connecting Communities
In April 2001 the Connecting Communities process began capturing the public's thoughts and opinions about the transportation future of our region.
September 2002 saw the release of Changing Direction: Transportation Choices for 2030, the region-wide plan created by Connecting Communities' extensive public involvement process. The full plan is available online, or call 773/278.4800, ext. 2030.
There is still work to be done!Join fellow community members at a series of caucuses to be held through the region from late June into the Fall where they will discuss transportation issues that affect us all.
Call or write for more information on how you can be involved in the caucus nearest you — in October, the Northside of Chicago and North/Northwest Cook County; in November the Southside of Chicago and Kane, Lake, and McHenry Counties.
Call 773/278.4800, ext. 2030. Even if you haven't participated in the past and are just beginning to get involved, your local caucus will be an excellent opportunity to meet people and start planning for change in your part of the region. Call to learn more!
 Center for Neighborhood Technology
LETTER: Attorneys for Abuse Victims
Dear Metro Member:
In June I got a call from Ms. Jean Pavela, Director of the Chicago Bar Association Lawyer Referral Service. This organization tries to put people in touch with lawyers that can appropriately represent them. Jean had read the article I had written that CDR had reprinted in its recent edition.
Jean called to tell me that her organization had a group of lawyers who were very interested in representing people who had suffered sexual abuse and who were seeking civil (not criminal) remedies. She said that the whole area of people with disabilities who might wish to avail themselves of this service had not occurred to her until she read my article. She seemed genuinely interested in welcoming people with disabilities to take advantage of whatever services the organization could offer. For more information, 312/554.2001. Jean Pavela, a nice person to talk with, 312/554.2071.
Father Joe Mulcrone, Catholic Office for the Deaf, 7/10/03
[Ed.Note: If you are interested in working on the abuse issue or learning more about available resources and publications, please contact Fr Mulcrone. The Metro Coalition meets on a regular basis and welcomes new members who are able to give time to this work.]
Chicago Bar Association
Jean Pavela
Help for Victims of Violent Crimes
Under the Illinois Crime Victim's Compensation Act, victims who have inadequate insurance or no source of funds to cover their expenses are eligible for compensation of up to $27,000 for medical bills, counseling, lost wages, and other expenses.
Secretary of State Jesse White is spreading the word that assistance is available to victims of violent crimes through the IL Court of Claims, local public libraries and law enforcement agencies.
The Court of Claims distributes $26 million annually to Illinois victims of violent crimes. As State Librarian and Clerk of the Court of Claims, White has formed a coalition of libraries, law enforcement agencies and local social service organizations throughout the state to provide assistance to victims of violent crimes.
Representatives from local domestic violence shelters teach librarians and police officers about the cycle of domestic violence and the dynamics of rape and provide referral information for shelters, rape crisis centers and counseling services in their areas of the state.
Many victims of violent crimes do not know where to go for safe shelter or how to get help.
For more information on this program or to access an application for crime victim's assistance, call 312/814.5010.
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