INDIANAPOLIS – Legislation that has changed the lives of millions of Americans, including more than one in ten Hoosiers, marks its 29th anniversary today. The Americans with Disabilities Act was signed into law on June 26, 1990, and is considered the most significant piece of civil-rights legislation since the Civil Rights Act of 1964.
Peter Berg with the Great Lakes ADA Center, which serves Indiana explains in 2008, the bill was amended to clarify the definition of 'disability,' and provide broad protection from discrimination. And he notes as the world changes, the law needs continued updating.
"Within the last five [to] eight years, the Department of Justice revised its regulations covering state and local governments, and private businesses,” says Berg. “It also issued updated accessibility standards. It went a long way in attempting to unify the ADA standards with other industry standards."
The ADA aims to ensure that people with physical or mental disabilities have the same rights and opportunities as others in all areas of public life – including employment, education and transportation. While the law has transformed accommodations for many with disabilities, some advocates contend the country must be committed to fulfilling the full promise of the ADA, by working to create a more inclusive society.
Berg says one area that needs improvement in the ADA is information technology, since it was implemented at a time when the internet didn't exist.
"There are no accessibility standards that apply to technology,” says Berg. “There could be some room to issue standards that say, 'OK, this is what an accessible website is. This is what an accessible kiosk is, and this is what an accessible app is.'"
Recently, two retail organizations asked the U.S. Supreme Court to take a case involving a blind customer who sued Domino's Pizza because its website and mobile app were not accessible to people using screen-reading software.
Research conducted by the international law firm Seyfarth Saw found website-accessibility lawsuits rose from about 800 in 2017 to 22-hundred in 2018.
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Wayne State University has received a $1.25 million grant to prepare adapted physical education specialists to serve students with disabilities.
The program, called Project SUPPORT, will train instructors to address a critical shortage of special education instructors, in Michigan and across the nation.
Leah Ketcheson, associate professor of health and physical education teaching at the university, said teachers will customize the physical education curriculum to help students improve their motor and social skills, self-esteem and sportsmanship.
"We are really trying to build that core confidence for children with disabilities but we're also trying to build a model where all children are feeling included, in a more inclusive setting," Ketcheson explained.
She pointed out Project SUPPORT will provide funding, training and support for 37 individuals to become adapted physical education teachers over the next five years.
Ketcheson noted the persistent shortage of special education personnel, particularly adapted physical education specialists, affects the quality of services available to students with disabilities. The project will prioritize urban school districts across Michigan and in other states, where shortages are most often severe.
"Ultimately, if we can train teachers better, we can have greater educational outcomes for our Pre-K-12 students in Detroit public schools, in Dearborn and our urban partners," Ketcheson emphasized.
Ketcheson added Project SUPPORT will prepare a diverse group of teacher-scholars including multilingual and racially and ethnically diverse candidates to serve students from ages 3 through 26 who have disabilities and high-intensity needs.
"We are an urban institution in an urban city, and now, we have this platform to extend our reach even greater," Ketcheson stressed. "Ultimately improving the educational and health outcomes of children with disabilities in Detroit and surrounding communities."
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The U.S. Office for Civil Rights has issued a ruling ensuring that an Iowa man with disabilities is able to live in his home and receive round-the-clock medical care.
Advocates for people with disabilities hope the move sets precedent for other people in Iowa and around the country.
When he was about five, Cedar Rapids resident Garret Frey suffered the same spinal cord injury that Superman star Christopher Reeve did in an equestrian accident.
Reeve lived for about a decade after his accident.
Frey is closing on 40 years, and sued the state, claiming it violated his rights by failing to provide the 24-hour home-based support and services he needs to live at home, where he said people with disabilities want to be.
"It is truly where most of us are happy, healthy," said Frey, "and it's most cost-effective."
The U.S. Department of Health and Human Services agreed to raise the provider reimbursement rate for in-home caregivers, allow for respite services, expand the health-care provider base - and help secure overnight, in-home nursing care for Frey.
HHS will monitor Iowa's progress for a year. Frey said he wants this ruling to set precedent for other people with disabilities in Iowa and across the country.
"It's one baby step in the right direction," said Frey, "because there are many other disability-related concerns and issues that are ongoing."
The ruling requires Iowa Health and Human Services to work with federal officials to ensure Frey's needs are met during that year, and report on their progress monthly.
Disclosure: Iowa Developmental Disabilities Council contributes to our fund for reporting on Disabilities, Education, Health Issues, Mental Health. If you would like to help support news in the public interest,
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Disability groups in New Hampshire are calling for an end to the word "special" to describe people with disabilities.
They said terms like "special" or "special needs" imply people are somehow broken and undermine the long-term fight for disability rights.
Isadora Rodriguez-Legendre, executive director of the New Hampshire Council on Developmental Disabilities, said when people ask not to be called a certain word, it should be reason enough not to use it.
"It really is a label that kids and adults with disabilities found to be alienating," Rodriguez-Legendre explained. "Because it kept them apart and separate."
Rodriguez-Legendre pointed out a new public awareness campaign encourages people to visit the website stopspecial.org and read a more appropriate language guide. Nearly one of every eight New Hampshire residents has a disability.
Backers of the "Stop Special" campaign said language is evolving and such euphemisms as "special needs" or "special education" need correction. Rodriguez-Legendre emphasized students should simply be called "students," or even "students with disabilities." She understands it will not be an easy change, especially for those who work with laws and regulations but added the goal is to ensure equitable access to education and public spaces.
"Communities actually are better when people with disabilities are participating in them, because they bring awareness about how to make things more accessible for everybody," Rodriguez-Legendre contended.
The "Stop Special" campaign is backed by the Institute on Disability at the University of New Hampshire, the Disability Rights Center of New Hampshire and the New Hampshire Council on Developmental Disabilities.
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