1) What's Happening in the Nation's Capital?

2) National News

Baucus Outlines Universal Healthcare Strategies to Obama

Notice of Class Action: DREDF Initiates Lawsuit against SSA for Not Providing Alternate Formats

Social Security Warns Budget May Affect Consumers

Byrd Stepping Down, Innoye Up to Chair Appropriations Committee

3) State News

Hawaii CIL Protests Budget Cuts to Interpreter Program

PsychRights Sues State of Alaska to Stop Its Massive, Harmful Psychiatric Drugging of Alaskan Children

Colorado Voters Preserve Affirmative Action

Washington Physician-Assisted Suicide Law Goes into Effect in March

4) Announcements

National Council on Disability Quarterly Meeting

New Resources from the National Clearinghouse on Disability and Exchange

5) Additional Resources

Letter from Nancy Becker Kennedy to President-Elect Barack Obama

1) What's Happening in the Nation's Capital?

The disability community, along with the rest of the world, has been abuzz this week with anticipation of how the change Obama has promised the nation will come. While the larger media has been cautioning the public that Obama has a very steep hill to climb, disability advocates have nonetheless focused on getting our message to the President-Elect. While no one has the power to fix all the problems our country faces in a day (let alone 71 days before being sworn in), our community has something that not every other community has: answers! During the campaign, Obama repeatedly emphasized the need for every American to step up to the plate if we hope to solve the almost insurmountable obstacles we face. Our community is ready and its time to let Obama know it!

Not only can we free our people, but we have a plan that also contributes to the larger good of our communities and our nation. Obama is ready for change and so are we. This week he launched a new website dedicated to information about the transition to the Obama Administration: www.change.gov. On this site you can submit your name to be considered for a job in the Administration. As you will read below, he has already started making appointments to his Cabinet and soliciting plans from Members of Congress to fulfill the promise he made to make universal healthcare a reality. So what are we waiting for? Let's let Obama know the value of Independent Living to the disability community and the solutions it offers the nation.

We have included an excellent sample letter from advocate Nancy Becker Kennedy on some of the most important issues currently facing the next Administration below, under Additional Resources.

2) National News

Baucus Outlines Universal Healthcare Strategies to Obama

Thursday, November 6, 2008

Dear Mr. President-Elect,

My sincerest congratulations on your victory in this week's election. As we celebrate the coming of historic and much-needed change in our national leadership, I know that you and I agree: work must begin immediately on fulfilling the promises that we have made, as leaders, to the American people. For this reason, I write to inform you that as Chairman of the Senate Finance Committee, next week I will present to you and to the country my plan to move forward on health care reform in the early days of the 111th Congress and of your administration.

As you know, the Senate Finance Committee has jurisdiction over Medicare, Medicaid, the Children's Health Insurance Program, and other health entitlement programs. I intend to work with you and with my colleagues on the Finance Committee, as well as with the Chairmen and Ranking Members of the Health, Education, Labor, and Pensions Committee and relevant Committees in the House, to finalize a comprehensive health reform plan that can pass the Congress and be put on your desk in a timely fashion for signature into law.

The analysis and outlook that I will unveil next week will detail specific policy areas and proposals on which I believe the Congress must move forward to achieve successful health care reform - from options for strengthening the employer-based system and reforming the delivery of health care for efficiency and quality to existing ideas on comparative effectiveness research and health information technology. These proposals will be built on the key principles that I have identified as essential to successful reform:

• Universal Coverage: Our challenge is to find a mix of public and private solutions that will allow every single American to receive affordable, quality health care.
  
  
• Sharing the Burden: As neither the employer-based system nor the individual market can fulfill the demand for affordable, portable, quality coverage, we must seek to ensure affordable coverage through pooling arrangements. I will outline various types of pooling arrangements that may help individuals and businesses afford quality coverage.
  
  
• Controlling costs: As America cannot sustain its current rate of growth in health care spending, I will detail options in the tax code, in savings, and in other areas where efficiencies may be found to reduce the growth of health care costs. Our economy and our nation's global competitiveness depend on success in this area.
  
  
• Prevention: Remaking our health care system with prevention at its foundation can avoid both needless suffering and the high costs of treating an illness that has been allowed to progress. I will outline a new focus on preventive care.
  
  
• Shared Responsibility: Individuals, employers, and the government must all play a part in the creating and funding of a new health care system. I intend to enumerate specific roles and opportunities for all to share the burden.

Many of my reform objectives as Finance Committee Chairman will dovetail with your own health plan; in the places where our opinions and policy plans diverge, I am eager to work with you to achieve consensus. My staff is already in contact with your transition team and has made plans for a thorough briefing on our work product next week. I look forward to meeting with you personally in the coming weeks to discuss this further.

As your candidacy and election have been historic, so I hope that your first term and the 111th Congress will be historic for their success in the achievement of comprehensive health care reform that finally makes health care accessible and affordable for every American.

Sincerely yours, Max Baucus (D-Mont.), Chairman, Senate Finance Committee

Notice of Class Action: DREDF Initiates Lawsuit against SSA for Not Providing Alternate Formats

This notice contains important information for you:

IF You apply for or receive retirement, survivors, or disability insurance benefits or Supplemental Social Security Income (SSI) payments from Social Security;

OR IF You are the representative payee for an individual who receives Social Security benefits or SSI;

AND You have a visual impairment that substantially limits your ability to see, so that you require materials to be in an accessible format in order to participate in these programs.

A federal court has authorized a class action lawsuit against the Social Security Administration (SSA) on behalf of people with visual impairments who require communications from SSA to be in an accessible format in order to participate in the Social Security or SSI programs. The court has authorized two classes: If you have a visual impairment that substantially limits the major life activity of seeing and you (1) apply for or are receiving Social Security or SSI benefits, or (2) are the representative payee for a Social Security beneficiary or SSI recipient, then you are a member of at least one of the two classes. This means that the court's decision in this case may affect your rights. The case, called American Council of the Blind v. Astrue, No. C05-04696, is pending in the Federal district court in San Francisco, California.

The plaintiffs are asking the court to find that SSA has violated a federal law called the Rehabilitation Act. The Rehabilitation Act says disabled individuals cannot be denied meaningful access to Federal programs and benefits. Plaintiffs, who include the American Council of the Blind, are asking the court to order SSA to provide communications in alternative formats such as Braille, large print, electronic mail, computer disk, and audio recording to make sure that people with visual impairments have meaningful access to SSA's programs. This case does not include any claims for money damages.

This notice tells you about your right to intervene in this case, submit comments, and how to contact plaintiffs' class counsel. You do not have to intervene or take any action in response to this notice in order to be included in the class or affected by the outcome of the case. If you want to intervene or have questions about this case, you should contact class counsel listed below at either the toll-free 800 number or the email provided at the end of this notice by December 31, 2008.

The court would like maximum input from the class members. The same number and email may be used to provide class counsel with suggestions about how SSA can effectively communicate with people who have visual impairments. You should give class counsel your comments by December 31, 2008.

Please do not telephone the court, the court clerk's office, or SSA for information about this case. If you require this notice in an alternative format such as Braille, large font print, audio recording or computer disk, please leave your name, request and delivery address at: Arlene B. Mayerson / Silvia Yee / Disability Rights Education and Defense Fund, Inc. (DREDF). Telephone: 1-800-348-4232. E-Mail: ssaclassaction@dredf.org.

Social Security Warns Budget May Affect Consumers

Source: SSA

On September 30, 2008, President Bush signed H.R. 2638: the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009. This bill contains a continuing resolution (CR) which funds most federal agencies, including Social Security, at their fiscal year 2008 levels through March 6, 2009. Operating under this CR, Social Security will have $300 million less than what was in the President's budget request for the first six months of the year. This severely restricted funding will have real effects within the agency and on our ability to serve the public.

Social Security cannot address the many challenges the agency faces without adequate and timely funding. In fiscal year 2008, Social Security made great strides towards putting the foundation in place to begin to truly address the hearings backlogs (more on that in the article below). To the extent possible, Social Security will do everything it can to try to minimize the deterioration of service to the public under the CR. However, given the tight fiscal constraints, service to constituents could be adversely affected and the forward progress we have made over the past year will likely be slowed.

To read more about Social Security's budget, visit www.socialsecurity.gov/budget.

Byrd Stepping Down, Innoye Up to Chair Appropriations Committee

Source: CQ

Democrat Robert C. Byrd of West Virginia, the longest-serving senator in history, announced Friday he will step down as chairman of the powerful Appropriations Committee in the 111th Congress.

Byrd, 90, was hospitalized several times this year and had come under growing pressure to relinquish his gavel as the committee gears up for a busy year under a new Democratic president. 'To everything there is a season and a time for every purpose under heaven," Byrd declared, turning as always to the Bible to express his thoughts.

Sen. Daniel K. Inouye, D-Hawaii, currently chairman of the Defense Appropriations Subcommittee, is expected to become chairman of the full committee as well in the new Congress. Inouye, Byrd said, "has stood in line for many years and now his time has come. He is my friend. He is a genuine American hero. He will be a skillful and fair chairman of the Appropriations Committee because he is a man of outstanding character and great wisdom. "

Inouye is 84, not all that much younger than Byrd. But his health has been better. Senate Majority Leader Harry Reid, D-Nevada, reportedly discussed the chairmanship issue with Inouye before the Nov. 4 elections, irritating Byrd - who issued a statement expressing his disappointment to learn of those talks.

On Friday, however, Byrd was gracious. "I have been blessed to have had the honor to represent the people of West Virginia in the United States Senate for 50 years. I have been honored to lead the Senate as its Majority Leader for 12 years.

"I have been privileged to be a member of the Senate Appropriations Committee for 50 years and to have chaired the Committee for ten years, during a time of enormous change in our great country, both culturally and politically. I have learned that nothing is quite so permanent as change. It is simply a part of living and should not be feared."

Byrd said he was confident Inouye and other Democrats will protect funding for his beloved West Virginia. Over his half century of service, Byrd has funneled literally billions of dollars to his home state.

"God willing, I will continue to serve on the Appropriations Committee. I will continue to chair the Homeland Security Subcommittee, and I will work to help my state and the people of our great country in those roles," Byrd said.

3) State News

Hawaii CIL Protests Budget Cuts to Interpreter Program

Source: KITV.com

A group representing the deaf and hearing impaired held a protest rally Monday. The protestors were trying to bring attention to proposed state budget cuts that might affect programs that help them to communicate. They held signs and waved on Punchbowl Street, complaining about possible cuts to the Hawaii Center for Independent Living and interpretive services for deaf people.

Speaking through an interpreter, one of the protestors talked about how important interpreters are to them. "Now suppose if there weren't Interpretive Referral Services, the person who would go to the hospital during an emergency, they would have no interpretive services and that person could possibly die," said Cheryle Mizusawa, of the Hawaii Center for Independent Living.

A spokesman for the Department of Human Services said all state-funded programs are at risk for budget cuts, but no final decisions have been made.

PsychRights Sues State of Alaska to Stop Its Massive, Harmful Psychiatric Drugging of Alaskan Children

Source: PsychRights

Today the Law Project for Psychiatric Rights (PsychRights) announced that due to the State of Alaska's unwillingness, or inability, to enter into substantive talks, it has filed its lawsuit against the State of Alaska and officials responsible for the excessive, ineffective, and extremely harmful psychiatric drugging of Alaskan children and youth. The lawsuit seeks an injunction stopping the practice of Alaska authorizing or paying for psychotropic drugs to be given children without safeguards being in place to make sure proper decision making occurs.

Jim Gottstein, the president of PsychRights and the attorney bringing the lawsuit, said, "The corrupt influence of the pharmaceutical industry in illegally promoting much of this psychiatric drugging of children has been well established, yet the State of Alaska continues to inflict great harm on the children it has taken away from their families by giving them these drugs." It is ludicrous that the State sued a drug company for fraud in hiding the harm caused by one of these drugs and still gives that same drug and other toxic drugs like it, to children.

Dr. Karen Effrem, pediatrician and board member of the Alliance for Human Research Protection (AHRP) and the International Center for the Study of Psychiatry and Psychology (ICSPP), said, "These dangerous and ineffective drugs are tragically overused to merely control behavior of children who are distraught about being taken away from their families. Missing one's family or reacting to trauma are wrongly labeled as biological brain disorders that need treatment with powerful medications. Drugs will not put their families back together or help them overcome their trauma and grief. These brain and body damaging pharmaceuticals compound the abuse and trauma. To paraphrase a popular motivational saying, what these kids truly need are 'hugs, not drugs; hope not dope,' (even legal dope)" Read article in full.

Colorado Voters Preserve Affirmative Action

Source: Rocky Mountain News, by Kevin Flynn

Colorado becomes the first state to reject an initiative being pushed across the country that would have eliminated race- and gender-based affirmative action programs by voting down Amendment 46. By a slim margin, voters turned down the Colorado Civil Rights Initiative backed by California millionaire Ward Connerly and a local committee headed by Jessica Corry of the Golden-based Independence Institute.

Connerly's initiative had passed 10 years ago in California and since then has passed in Washington, Michigan and Nebraska. He intends to take it to other states in an effort to end affirmative action programs.

Results remained too close to call election night and throughout Wednesday, but returns have continued to pile up and the slender lead widened for the "no" side."I am incredibly proud an honored to have been part of the first campaign to defeat Connerly's initiative," said Melissa Hart, leader of the No on 46 campaign. "It's a great testament to the people of Colorado that when they understood the truth about the initiative, they rejected it. Coloradans stand for equal opportunity." Corry wasn't immediately available for comment.

Washington Physician-Assisted Suicide Law Goes into Effect in March

Source: The Herald

With Washington voters last week approving physician-assisted suicide for terminally ill patients, doctors, pharmacists and other health-care workers are scrambling to figure out how the controversial law will change the way they do business. Initiative 1000, known as the Death with Dignity Act, will go into effect as law in March -- four months after voters approved it. The people behind the initiative said they wanted to leave plenty of time for everyone to understand exactly what it means.

Patients with six months or less to live can now ask their doctors for a prescription for lethal medicine they would self-administer to end their own lives. Doctors opposed to the practice aren't required to write such a prescription, and pharmacists opposed to the practice aren't required to fill it. Private hospitals, such as Providence Regional Medical Center Everett, a Roman Catholic institution, aren't required to allow patients to take lethal drugs. "Anybody can opt out," said Eli Stutsman, an Oregon lawyer who wrote the text of both the Oregon and Washington physician-assisted suicide laws. "Entire health-care institutions can opt out. We disagree with our opponents, but we respect their right to opt out."

Voters approved the initiative by 59 percent -- a majority some say constitutes a landslide. The vote came 17 years after the state first considered physician-assisted suicide. The initiative failed then. Advocates say Washington voters likely felt more comfortable with the initiative this year because Oregon has shown that the worst-case scenario situations some opponents warned against aren't likely to occur. Oregon voters approved their Death with Dignity Act in 1994. "Trust that your neighbor to the south has dealt with this readily," Stutsman said.

The Washington State Medical Association opposed the initiative, but now plans to support doctors who choose to participate in the practice. "We continue to oppose physician-assisted suicide, but we respect the public's wishes," association spokeswoman Jennifer Hanscom said. "We don't want to be a barrier to this law." The association has posted the entire law on its Web site and will provide doctors with a summary in the next association newsletter.

Stutsman warns against using the phrase "assisted suicide" to describe the law. Assisted suicide without a doctor's involvement and within the confines of this new law is a crime, and no one is arguing to change that, he said. He also noted that only doctors specializing in end-of-life care are legally able to write a prescription for a lethal drug. A patient won't be able to doctor-shop to get a prescription, he said. It must be written by that patient's primary care physician. "We want no part of Jack Kevorkian," he said, referring to the Michigan doctor who was jailed for administering lethal injections on patients. "We would have put Jack Kevorkian in jail in Oregon, and I would have joined that cause," he said.

Backers of Washington's initiative said former Gov. Booth Gardner, the man behind this year's initiative, has said that he would prefer a law that would allow him to end his own life, but he also thinks the law that voters approved this week is good public policy, Stutsman said. "Booth was very honest," he said. "He acknowledges that his own disease process will likely preclude him from hastening his own death. But he understands the difference between his personal desire and public policy. He knows that as a matter of public policy, this is appropriate."

4) Announcements

National Council on Disability Quarterly Meeting

The National Council on Disability (NCD), invites you to attend NCD's next quarterly meeting, which will take place at the Chaparral Suites Resort, 5001 N. Scottsdale Road, Scottsdale, Arizona beginning on Monday, January 12 through Wednesday, January 14, 2009. This meeting is open to the public.

Specific times are designated to receive public comment, supported by a toll-free call-in line, and input is encouraged and greatly appreciated. Individuals or organizations can also provide written comments by e-mail, fax, or mail. Public comment sessions will be held Monday, January 12 from 11:30 a.m. until noon (MST), on Tuesday, January 13 from 4:30 p.m. until 5:00 p.m., and on Wednesday, January 14 from 11:30 a.m. until noon. The toll-free call-in number is (888) 790-6568, and the pass code is "NCD Meeting." More info.

New Resources from the National Clearinghouse on Disability and Exchange

Do you know young people with disabilities with a passion for foreign languages? Or a desire to pursue an international career? Please find attached a press release from Mobility International USA's National Clearinghouse on Disability and Exchange (NCDE) with information and links to online resources about ways to use VR funding to study abroad, the availability of foreign language materials in alternative formats, tips on traveling with a power wheelchair, and more.

If you have any questions about the resources available from the National Clearinghouse on Disability and Exchange, please don't hesitate to contact NCDE's Information Services Coordinator, Olivia Emilia, at (541) 343-1284 (tel/tty). Thank you for your support of the inclusion of people with disabilities in the full range of international exchange opportunities!

5) Additional Resources

Letter from Nancy Becker Kennedy to President-Elect Barack Obama

November 6, 2008

Dear President-Elect Obama,

Anyone who knows me knows how I wept with tears of joy when I heard you give the keynote speech at the Democratic convention. I said "This man is the balm for our wounds." And I appreciate how you always mention people with disabilities in all your speeches. I've been waiting to hear that for a long time. I've had an Obama 2008 sticker plastered to the back of my wheelchair for almost 2 years now. I've met the nicest people that way, but this is not the reason I'm writing to you.

I need to tell you about how we could save billions in healthcare dollars while creating millions of jobs for workers who might otherwise be dependent on Public Assistance. I helped to found and have served for 11 years as a member, and most recently as the vice chair, of the Los Angeles County's Personal Assistance Services Council, (PASC) the largest public authority in the United States. Our PASC oversees the In-Home Supportive Services program in Los Angeles County serving 168,000 seniors and persons with disabilities partnered with the SIEU's home care workers Union to give seniors and people with disabilities dignity and empowerment in their own homes at less than a third of the cost of warehousing us in nursing homes.

Our public authority employs 139,000 home care workers. In our program, here in California, which could serve as a model for the nation, we save very substantial sums. The cost of the average person receiving assistance on the IHSS program in California is approximately $12,400 while the annual cost of maintaining such a person is a skilled nursing facility is over $57,000.

Nationally, this program could employ millions of workers. You've spoken many times of the need for jobs, as well as the need for service. I can think of little that could be this effective to promote both these causes. And while promoting service and empowerment, we could at the same time eliminate a great evil. By that I'm referring to the waste of human talent and cutting short the lives of millions of people inappropriately placed in nursing homes.

Nursing home abuse and neglect ranges from unconscionable to horrific. Older people are left to get bedsores and lie in their own excrement, while nursing homes cut costs, and the patient ratios are terrible. When I visited with 4 women in a nursing home for a year, I'll never forget waiting with one woman crying, who was holding her bladder for close to two hours until one of the nurses aides, who was responsible for eight other patients came in to put her on the toilet. Young people in nursing homes are robbed of the vital life they could have and are not even made aware of their options. Instead, some states are now offering them assisted suicide. The prejudice against and marginalization of people with disabilities is so pervasive that we are viewed as people whose lives are not worth living.

For young people and seniors who don't require skilled nursing, being warehoused in an institution is to live a life akin to a political prisoner -- with no real civil rights or rights to even move about the community. I broke my neck at age 20, and had I been sent to a nursing home, I swear to G-d that I would have been dead decades ago, from cross-contamination because of my indwelling catheter, but more importantly, I would have withered away from a life without hope or purpose. My mother and I had a suicide pact. Tomorrow I will be 57 years old, and having had a life of purpose, energy, adventure, service, marriage and even visiting England and France, I shudder to think that I could have made that decision. I didn't make that decision because the Rehabilitation Institute of Chicago expected too much of me, the University of Illinois gave me a wheelchair accessible campus to return to, and most importantly in home care gave me the passport I needed to return home to an independent life in the community. Had I not had these gifts, I might have asked for that lethal injection. The wrong public policy kills -- not only physically, but it kills people's spirits, and the cherry on top is that it cost taxpayers over three times the money to do it.

With homecare I was able to return to college to earn a master's degree, become a news and public affairs producer for public television and later become a comedian and always an activist for people with disabilities. And now, thanks in large part to Senator Kennedy, Jim Jeffords, and my very dear friend, John Podesta, who is heading up your transition team, I work as a therapist at the Hollywood Sunset Free Clinic because of the Work Incentives Improvement Act. But I had the best of everything.

My fate was so much different than the young people who have my same injury today. Now HMOs send newly injured young people to nursing homes - nursing homes that hire a physical therapist to come in once a month and then euphemistically refer to themselves as "rehabilitation centers." As someone who received her rehabilitation from the Rehabilitation Institute of Chicago and later worked with newly injured people at the Rancho Los Amigos National Rehabilitation Center, I know what real rehabilitation is.

When my mother suffered from a fall last year, and she could not return to her assisted living for several days, the acute care hospital told me they were transferring her to a "rehabilitation center." They promised me that in the three days my mother would stay there, they would give her physical therapy twice a day, and I wanted that because she was falling and we didn't know why. When I arrived the next day to this "rehabilitation center" with no telephone for me to reach my mother, there was no physical therapist there. Instead, my mother had been lying in bed for 10 hours, been drugged, put in diapers, and looked like she was not even alive --while a large slice of French bread pizza was the only item on her dinner plate. My mother takes insulin for diabetes. When I protested that a diabetic should not be given only a large piece of French bread pizza filled with starch, they said "Our diabetic care is calorie controlled," another euphemism for not giving a damn about what they feed people with medical conditions as long as it's cheap. When I asked why she hadn't been gotten out of bed for 10 hours, they said "She didn't want to," another euphemism for not feeling energetic because you are being dosed with Vicodin four times a day at 85 years old. My mother was lucky. She had me to advocate for her and to take her back to the decency of her assisted living, but other people are not so fortunate. People are dying from these euphemisms.

Whenever I visit my doctor I try to always go up to the rehab floor to visit with the newly injured patients. In the last two years, you could shoot cannon through these real rehabilitation centers. Where I used to visit 40 patients, there are now two, as HMOs send young people to nursing homes. It is a quiet genocide that robs them of their spirit and their futures. It kills their body through cross-contamination and neglect, but worst of all, the eclipse of hope sends them to an early death.

I have always been in the right place at the right time, but it shouldn't be a crapshoot, whether you live or die in hope or despair. It isn't fair that paraplegics living in one state should die an early death in a nursing home because they don't have homecare or because when they were able-bodied, they didn't have the medical sophistication to know what their HMO would do and how to keep themselves out of nursing homes when trauma strikes. People don't know what they can have. They die of despair, without adequate services, and the time is long overdue to rectify this evil. Making in-home supportive services a national choice would not only give the gift of dignity and efficacy of millions of seniors and people with disabilities, but it would employ millions of home care workers as well.

When I visited those women in the nursing home, there was one worker for eight women. Three home care workers are employed taking care of me. That means that people who might otherwise be on public assistance could have jobs, and we have the opportunity to go out into the world and make a difference. President Obama, you talk about the need to look for wasteful programs and replace them with good ones. For people inappropriately placed in nursing homes, this is one the finest changes you could possibly make.

One of the greatest days of my life when I sat by my friend John Podesta's side on a freezing day in Washington, in front of the Franklin Roosevelt monument (the real one where he was sitting down In a wheelchair) after Senator Kennedy's and Jim Jeffords' bipartisan bill, the "Work Incentives Improvement Act" was signed as the last piece of legislation the 20th century. That "Ticket to Work" was a start to remove the barriers that forced millions of people with disabilities into idleness with the threat of losing their health care and in-home supportive services if they tried to work. We need to go further, because many of us are still on a very short leash and cannot escape poverty by only being permitted to earn $900 a month, or save because we cannot have more than $2,000 in our bank accounts. But it was a grand beginning.

There are still many rivers to cross for people with disabilities, but I firmly believe that the time is now to release seniors and people with disabilities who don't belong in skilled nursing facilities, from imprisonment and despair, and back to their rightful place in the American life with its promise of liberty and pursuit of happiness. Perhaps what we crave even more is the opportunity to contribute our gifts to this world and put meaning in to our lives. We need to make it possible for every young person in every state to have the gift of in-home supportive services. It saves money, it saves lives, it creates jobs, and it unleashes vast stores of human enterprise among seniors and people with disabilities who still have work to do and people to love. Some may say this is too ambitious, but I believe that you, President-elect Obama will understand best of all, that this is a bold request born out of the "audacity of hope."

This is respectfully submitted on behalf of all of us who have been "wheeling on air" for the last two days!

Most Sincerely!

Nancy Becker Kennedy

PS Robert Kuttner, journalist, economist, and author of the book "Obama's Challenge: a Transformative Opportunity." was on NPR's "Fresh Air" tonight. Kuttner has previously been a columnist for Business Week as well as the Chief Investigator of the US Senate Banking Committee. In the interview he talks about the expansion of jobs to fix the infrastructure and emphasizes expansion of service job like those of caregivers as a strategy to create jobs as FDR did to infuse the economy to end the Great Depression.

1) What's Happening in the Nation's Capital?

Obama Introduces Economic Team; Calls for 'Cuts and Sacrifices'

2) National News

MindFreedom Filing Complaint with UN Claiming "Torture" in Minnesota - Take Action!

Health Insurers Offer to Accept All Applicants, on Condition

New National Center for Parents with Disabilities

States Cut Services for Elderly, Disabled As Budget Shortfalls Force Reductions in Home Care, Low-Income People May Face Nursing Homes, Advocates Say

Employment Gap Widens for Workers with Disabilities

3) State News

After More than 400 Lawsuits, Jarek Molski Barred from Litigation in Central California

Iowa Mother Wants to Limit Voting for Disabled

A Year after Violations Addressed, Sexual and Physical Abuse Rampant at Lubbock State School

4) Announcements

COAT Launches Logo Contest

1) What's Happening in the Nation's Capital?

Obama Introduces Economic Team; Calls for 'Cuts and Sacrifices'

Source: Politico

President Elect Barack Obama selected a Mr. Defense and a Mr. Offense for his economic team Monday, picking Timothy Geithner as Secretary of the Treasury and Lawrence Summers as director of the National Economic Council. "We do not have a minute to waste," Obama said in his comments to a nationally televised audience. "Right now our economy is trapped in a vicious cycle."

The dual selection set up a formidable tag team to take on the global financial crisis. Geithner at Treasury will likely take a defensive role, spearheading the remainder of the $700 billion Troubled Assets Relief Program and decisions to bail out individual financial institutions. Inside the White House, Summers will be the architect of the administration's economic stimulus proposals, including what is shaping up to be a multi-hundred billion dollar jobs and infrastructure spending plan.

President-elect Barack Obama introduced his economic team during a news conference today in Chicago; Treasury Secretary-designate Timothy Geithner, Council of Economic Advisers Chair-designate Christina Romer, and National Economic Council Director-designate Lawrence Summers.

Obama said as he announced his economic team that he plans to follow that up with remarks on Tuesday about "cuts and sacrifices" the nation will need to make in the days ahead. He said that in addition to spending to get the economy going, he wants to "reform how business is done in Washington, and how the budgeting process works, how projects are done, so that we have a path towards a sustainable and responsible budget scenario down the line."

...Obama, trying to set realistic expectations as he prepares to take office in 57 days, warned in his prepared remarks that the "economy is trapped in a vicious cycle: the turmoil on Wall Street means a new round of belt-tightening for families and businesses on Main Street - and as folks produce less and consume less, that just deepens the problems in our financial markets."

"There are no shortcuts or quick fixes to this crisis, which has been many years in the making - and the economy is likely to get worse before it gets better," Obama said. "Full recovery won't happen immediately. And to make the investments we need, we'll have to scour our federal budget, line-by-line, and make meaningful cuts and sacrifices as well - something I'll be discussing further tomorrow."

His remarks served as a reminder to supporters that he may not be able to grant all their wishes right away. Already, he has said that he may have to delay the full scope of some of his promises, although he has said he will make a start on all his priorities, including health care, energy and the economy.

2) National News

MindFreedom Filing Complaint with UN Claiming "Torture" in Minnesota - Take Action!

A MindFreedom investigation revealed that Ray Sandford, 54, complained of being escorted every week for months from his supported living home in Columbia Heights, Minnesota to Mercy Hospital for another course of electroshock over his objection.

After a MindFreedom News international alert, Ray's doctor let him skip his forced shock this past Wednesday, November 19. This Wednesday morning, November 26, Ray expects to be woken up early once again to be escorted the 15 miles to what he is told will be his 34th involuntary outpatient electroshock under special Minnesota laws.

Meanwhile, MindFreedom is filing an official claim with the United Nations calling Minnesota's abuse of Ray "torture," using a new process and expanded definition by the UN. This past Friday, November 21, disability advocates met with Ray at the Minnesota Center for Independent Living. Ray told advocates he very much supports this campaign.

During the meeting a teleconference was held with MindFreedom President Celia Brown in New York City and MindFreedom Director David Oaks in Oregon. Celia interviewed Ray so that MindFreedom may file a human rights complaint under a new process with a United Nations Special Rappateur. Because of recent developments, some types of severe psychiatric abuse may now be considered torture by the UN.

Involuntary outpatient electroshock (IOE) is part of a trend to bring the power of forced psychiatric procedures out into the community, from the back ward to your front porch. Electroshock itself has made a comeback throughout the USA, and internationally, without adequate human rights protection.

The next forced outpatient electroshock of Ray Sandford is scheduled for this Wednesday morning, 26 November 2008, the day before the USA holiday of Thanksgiving. Join an international campaign *NOW* to phone Minnesota Governor Tim Pawlenty today and tomorrow, before the shock:

• Ask the Governor to give Ray Sandford a reprieve from his next forced electroshock.
  
  
• Ask the Governor -- who claims to believe in limited government -- if he supports laws in Minnesota allowing this torture: the involuntary administration of electroshock therapy (ECT) of people living out in the community?
  
  
• Insist on talking to a staff person. Staff is directing many of these calls into voice mail. MindFreedom is not aware of anyone actually getting a response to this voice mail. Do Not Give Up! Politely but firmly insist on talking to a staff person. If you get redirected to voice mail leave a message, but call back until you get an answer from a live person. Call any day, but especially call today and tomorrow, *before* Ray's scheduled electroshock this Wednesday. You have the best chance of reaching staff from 8:00 am to 4:30 pm Central Time weekdays.
  
  
• From anywhere in the world phone (651) 296-3391. From inside Minnesota phone toll free (800) 657-3717. If you do receive any helpful information, e-mail it to news@mindfreedom.org.

Remember Ray - Take Action Now! Don't let Ray get escorted without you saying "no" to torture out in our communities. It takes just a few moments. Please nonviolently "zap back" by asking questions. The campaign is being heard in the Governor's office. MindFreedom has evidence that at least one frustrated operator has hung up on callers about Ray. Ray did not give up. So we won't give up! You may read some of the many public comments that have been e-mailed to the Governor here. Tim Pawlenty's email is tim.pawlenty@state.mn.us.

Health Insurers Offer to Accept All Applicants, on Condition

Source: New York Times, by Robert Pear

The health insurance industry said Wednesday that it would support a health care overhaul requiring insurers to accept all customers, regardless of illness or disability. But in return, the industry said, Congress should require all Americans to have coverage. The proposals, put forward by the insurers' two main trade associations, have the potential to reshape and advance the debate over universal health insurance just as President-elect Barack Obama prepares to take office.

In separate actions, the two trade groups, America's Health Insurance Plans and the Blue Cross and Blue Shield Association, announced their support for guaranteed coverage for people with pre-existing medical conditions, in conjunction with an enforceable mandate for individual coverage. In the absence of such a mandate, insurers said, many people will wait until they become sick before they buy insurance.

Members of Congress said Wednesday that they wanted to pass legislation next year, as proposed by Mr. Obama, to expand coverage and rein in health care costs. The new position taken by the insurance industry - the industry that helped sink President Bill Clinton's plan for universal health coverage in 1994 - could ease the way for passage of such legislation.

But the industry's position differs from that of Mr. Obama in one significant respect. Insurers want the government to require everyone to have and maintain insurance. By contrast, Mr. Obama would, at least initially, apply the requirement only to children. In the race for the Democratic presidential nomination, that was a major point of contention between Mr. Obama and Senator Hillary Rodham Clinton of New York. Mrs. Clinton said that everyone should be required to have coverage. Mr. Obama said he wanted to be certain that insurance was affordable and available to all before considering such a broad requirement. Asked on Wednesday for reaction to the insurance industry's proposals, Tommy Vietor, a spokesman for the Obama transition team, said, "We are declining comment." Mr. Vietor cited Mr. Obama's view that "we have only one president at a time." Read More.

New National Center for Parents with Disabilities

A new National Center for Parents with Disabilities and their Families has been established in Berkeley, California under the auspices of Through the Looking Glass, a non-profit organization founded in 1982. The Center will oversee several national research studies concerning parents with disabilities and their families, as well as provide consultations, trainings and publications to parents, family members and professionals.

The research and resources of the Center will address the nearly 9 million U.S. parents with disabilities - 15% of all American families. Parents with disabilities include mothers and fathers in all disability categories - such as parents with physical disabilities, deaf parents, blind parents, parents with psychiatric or cognitive disabilities. The Center is funded by a $500,000 per year federal grant for three years from the Washington, DC-based National Institute on Disability and Rehabilitation Research (NIDRR), U.S. Department of Education.

The new Center will focus its research and resource activities on four critical areas that impact parents with disabilities: custody, family roles and personal assistance; paratransit; and, intervention with parents with cognitive disabilities and their children. One of the notable activities planned over the next three years is a scholarship program for high school seniors and college students whose parents have disabilities. The Center will be staffed by nationally recognized experts regarding parents with disabilities, most of whom have personal or family experience with disability or deafness.

More information about the Center and Through the Looking Glass is available at the organization's website, through two toll-free numbers, 800-644-2666 (voice), 800-804-1616 (TDD/TTY), or by email at tlg@lookingglass.org

States Cut Services for Elderly, Disabled As Budget Shortfalls Force Reductions in Home Care, Low-Income People May Face Nursing Homes, Advocates Say

Source: Wall Street Journal, by Philip Shishkin

Faced with widening budget shortfalls, several states are rolling back support services for the elderly and disabled. The move is making it tougher for them to continue living on their own, advocates say. At least 15 states, including Alabama, Virginia and Massachusetts, are targeting such funding, mostly for programs that allow low-income shut-ins to receive personal care -- like cooking, cleaning and basic health services -- in their own homes, according to the Center on Budget and Policy Priorities, a liberal-leaning Washington, D.C. think tank that studies state budgets.

The cutbacks are exacerbating the already long waiting lists for home-care support services in many states. That leaves the low-income elderly and disabled to dip into their meager incomes to hire their own help, reach out to family or charity, or seek more restrictive and expensive care in a nursing home, advocates say. "We are beginning to see serious cuts and we are expecting those cuts to get worse," says JoAnn Lamphere, director of state government relations at AARP, an advocacy group for the elderly.

As the economy falters, declining revenues and tax receipts have led state agencies to cut spending, with 41 states facing current or looming deficits, according to the Center on Budget and Policy Priorities. Services for the elderly and disabled are just one of the areas facing cuts. But the cuts hit hard because the population is especially vulnerable. "The call volume is increasing exponentially and the people are desperate," says Sarah Lightell, chief operating officer at the Senior Resource Alliance, which uses state funds to provide home-care services to the elderly in central Florida. …"Without any intervention, a nursing home may be the only option," Ms. Lightell says. Read More.

Employment Gap Widens for Workers with Disabilities

Source: Delmarva Media Group

Just in the past few years, the employment gap has widened between the number of working-age Americans with disabilities who are employed and those workers without disabilities, as a recent government study has reported. The finding was part of a series of reports released by Cornell University in collaboration with the American Association of People with Disabilities. The researchers found that the "employment gap" between those with disabilities in the work force and those workers without disabilities was 40.3 percent. That represents a .6 percentage point increase from the previous year, when the gap was 39.7 percent.

The growth in the gap means that there are fewer people with disabilities in the work force relative to the total number of Americans employed. "The rise in the employment gap also suggests that people with disabilities are not participating in the current economy," said Andrew Houtenville, director of Cornell's Rehabilitation Research and Training Center on Disability Demographics and Statistics.

Another key finding in the reports also highlighted the fact that the poverty rate rose more for people with disabilities than for those without. For people with disabilities, it increased .8 percentage points, to 24.1 percent of working-age Americans, and from 23.3 percent the year after. For people without disabilities, while the poverty rate did increase, it only increased .2 percentage points, to 9.1 percent, from 8.9 percent the year before.

Some Cornell researchers are investigating whether the employment gap may be due, in part, to what they call the "poverty trap." Under current federal rules, people with disabilities must be essentially unemployed to receive government benefits, but the support they receive isn't enough to keep them out of poverty, they point out. As a matter of fact, to my recollection, nothing significant has been done to right this wrong. "Those with the lowest incomes lose 50 cents for every dollar they earn. That's a higher tax rate than Bill Gates pays," said David Stapleton, director of the Cornell Institute for Policy Research. Stapleton and others recommended that federal policy be revisited to reward, rather than punish, people with disabilities who earn income through employment. Read More.

3) State News

After More than 400 Lawsuits, Jarek Molski Barred from Litigation in Central California

U.S. Supreme Court refuses to hear Jarek Molski's appeal, letting stand a federal judge's ruling barring the disabled man from filing any further litigation. Whether Jarek Molski is a crusader for the disabled or an extortionist who abused the law for personal gain, the vexatious litigant has filed his last lawsuit.

The U.S. Supreme Court declined Monday to hear the case of Molski vs. Evergreen Dynasty Corp., owner of a Chinese restaurant in Solvang, Calif., in a legal Waterloo for the 38-year-old Woodland Hills man. Molski filed more than 400 suits under the Americans with Disabilities Act before a federal judge barred him from future litigation.

An article in Tuesday's California section said that Jarek Molski of Woodland Hills had "filed his last lawsuit" as a result of the U.S. Supreme Court's refusal to review a federal judge's order that barred Molski from filing further lawsuits over alleged violations of the Americans With Disabilities Act. The judge's order applied only to the Central District of California, which includes Los Angeles.

In a highly unusual action in 2004, U.S. District Judge Edward Rafeedie, who has since died, branded Molski a "hit-and-run plaintiff," accusing him of systematic extortion of businesses across California. Molski, who has used a wheelchair since a motorcycle accident two decades ago, sued restaurants, bowling alleys, wineries and other retail outlets for insufficient handicapped parking, misplaced handrails and other violations of the disabilities act, demanding that business owners be fined $4,000 for every day their facilities failed to meet exacting federal standards. Fear of adverse judgments compelled many to settle out of court, earning the Polish-born plaintiff hundreds of thousands of dollars in less than two years. Read More.

Iowa Mother Wants to Limit Voting for Disabled

Source: The Gazette, by Steve Gravelle

Brenda Lyddon wants to change the state law so people like her son can't vote - at least without her supervision. "I don't want to take away a person's right to vote," said Lyddon of Deep River. "It's just that a lot of us, (group) homes and parents, need to work together and agree on what's best for our loved ones."

Lyddon's son Kristopher Willis, 26, is developmentally disabled and lives in a Grinnell group home. She was upset to learn that staff at the home took her son to a polling place on Election Day despite her instructions not to. "I went to the home and told the person who is in charge of the home he is not allowed to vote," said Lyddon. "I am his mother and he was not allowed to vote." Doesn't matter, said Len Sandler, a University of Iowa law professor. "It's one of the rights that are fairly sacred," said Sandler, who makes a specialty of laws that apply to the disabled.

Lyddon, who unsuccessfully challenged her son's ballot, retains guardianship over him for most legal decisions. However, to prevent him from voting would require a court hearing. "The idea is, what's in the best interests of the ward and as much power and authority as the individual can apply in their own right, that's what you're supposed to preserve as much as possible," Sandler said. "I don't know that it's been litigated that often here."

... Lyddon supported and did volunteer work for the Republican Sen. John McCain. Her son voted for Democratic Sen. Barack Obama. But she said that's not why she complained. "He does not have the mental capacity to choose for himself," she wrote in an e-mail. Read More.

A Year after Violations Addressed, Sexual and Physical Abuse Rampant at Lubbock State School

Source: The Dallas Morning News, by Emily Ramshaw

More than a year after health officials said that federal civil rights violations inside the Lubbock State School had been addressed, Texas' own quality rating system gives the institution for the disabled a score of 20 out of a possible 100 - worse than all but two other facilities. As recently as this summer, a state inspection found critical deficiencies that jeopardized resident health and safety, threatening the school's certification to care for mentally disabled residents. The most serious finding was that staff could not prevent the facility's hundreds of residents from punching, kicking, biting and sexually abusing one another - and that they weren't always reporting the injuries.

"The state's most recent quality review clearly shows the system is broken," said Rep. Patrick Rose, the Dripping Springs Democratic chairman of the committee that oversees the state schools. "It underscores the need to pass legislation next session that allows us to provide services to this population in a different and more cost effective way."

The U.S. Justice Department, which recently announced plans to investigate all of Texas' state schools for the disabled, first reviewed the Lubbock State School in 2005, finding atrocious living conditions, civil-rights violations and 17 deaths over an 18-month period. As early as March 2007, officials with the Department of Aging and Disability Services, the agency that oversees the state schools, said they had made sweeping changes in Lubbock to fix the problems, which included nursing shortages and a poor management structure. And lawmakers agreed to spend nearly $49 million to hire nearly 1,700 new state school employees, an effort to address staffing ratios and other health and training concerns system-wide. Read More.

4) Announcements

COAT Launches Logo Contest

The Coalition of Organizations for Accessible Technology (COAT) is pleased to announce the launch of its Logo Contest. The logo will be used to represent COAT and its mission to the general public, and may be used for COAT's printed materials, website, apparel, and other uses for which COAT deems appropriate.

The contest began on Monday, November 17, 2008, and will end on Tuesday, January 20, 2009. All entries must be accompanied by a Contest Entry Form and received by COAT at the addresses noted in the Contest Rules, by midnight EST, January 20, 2009. The contest winner will be announced as soon as possible thereafter. Entry Form and Contest Rules are available on the main COAT web site, or go directly to http://coataccess.org/node/79.

Be sure to send your winning Logo Contest entry and Entry Form by e-mail to COATlogo@COATaccess.org, or by mail to: COAT c/o TDI, 8630 Fenton Street, Suite 604, Silver Spring, MD 20910-3803, Attn. J. House.

About COAT: The Coalition of Organizations for Accessible Technology, or COAT, founded in March 2007, is a coalition of over 220 organizations that advocates for legislative and regulatory safeguards that will ensure full access by people with disabilities to evolving high speed broadband, wireless and other Internet protocol (IP) technologies. COAT is dedicated to making sure that as the nation migrates from legacy telecommunications to more versatile and innovative IP-based and other communication technologies, people with disabilities will benefit like everyone else.

1) What's Happening in the Nation's Capital?

Please Join Us for the Disability Power and Pride Inaugural Ball!

White House Says Detroit Bailout Deal 'Very Likely' Today

The Politics of the Federal Bench: Obama's Appointments Are Expected To Reshape the U.S. Legal Landscape

2) National News

International Day of Persons with Disabilities 2008 Theme: "Convention on the Rights of Persons with Disabilities: Dignity and justice for all of us"

NPR: Some Students Fear Openness on Mental Health

Air Force Sets Schedule A Goal: 2% by 2010

3) State News

Michigan Protection and Advocacy Sues Oakland University on Behalf of Micah Feldman

Advocates Debate Ways to Close Texas Schools for the Disabled

4) Announcements

New Ways to Support NCIL While You Do Your Holiday Shopping and Search the Internet

Op-Ed Analyzing the Perception of Disability and Personal Happiness

NCIL Staff Justin Chappell Participates in YouTube Lesson on Digital TV Transition (with Singing!)

National ADAPT Youth Summit Currently Accepting Applications

1) What's Happening in the Nation's Capital?

Please Join Us for the Disability Power and Pride Inaugural Ball!

Sunday Evening, January 18, 2009; 7:00 p.m. to 12:00 a.m.
National Press Club: 529 14th St. NW, 13th Floor, Washington, DC

Black Tie Optional. Sign language interpreters, CART and assistive listening devices will be available. The National Press Club is easily accessible via Metro.

Individual tickets are $100. Tickets are available on first-come first-served basis and may sell out quickly.

Sponsorship levels and benefits include: $500: recognition and 1 ticket; $1000: recognition and 2 tickets; $5000: category recognition in all print materials and 5 tickets; $10,000: category recognition, acknowledgement from the podium, commemorative branding, 5 tickets and a donation of 5 tickets to youth with disabilities and others who could not otherwise attend; $25,000: category recognition, podium speaking opportunity, commemorative branding, 10 tickets and a donation of 10 tickets to youth with disabilities and others who could not otherwise attend.

For further information, to purchase tickets by credit card or to become a sponsor, please contact Natalie Shear Associates: 1730 M St. NW, Suite 801, Washington, DC 20036; Phone/TTY: (202) 833-4456 X101 or 800-833-1354 Fax: (202) 833-2116. Email: npshear@aol.com. Please make checks payable to: WOW! DISABILITY BALL and mail to Natalie Shear Associates.

White House Says Detroit Bailout Deal 'Very Likely' Today

Washington Post, by Lori Montgomery and Howard Schneider

The White House said it was "very likely" to reach agreement today with Congressional Democrats on a package of emergency assistance for the Big Three Detroit auto makers, as lawmakers continued work on a plan to extend $15 billion in emergency loans in return for close federal oversight of the industry. "If they want to work with us we'll meet them halfway," White House press secretary Dana Perino said this morning, adding that the White House was awaiting to review draft legislation "so we can get this done."

Democratic leaders continued working on details of their proposal this morning, and made at least one change at the administration's request. Instead of establishing a board from among six federal agencies to oversee an auto industry restructuring, Democrats agreed to the appointment by President Bush of a single "car czar," according to a senior Democratic aide, who spoke on condition of anonymity because the measure is not yet final. Read More.

The Politics of the Federal Bench: Obama's Appointments Are Expected To Reshape the U.S. Legal Landscape

Washington Post, by Jerry Markon

The federal judiciary is on the verge of a major shift when President-elect Barack Obama's nominees take control of several of the nation's most important appellate courts, legal scholars and political activists say. With the Supreme Court's conservative direction unlikely to change anytime soon, it is the lower courts -- which dispense almost all federal justice -- where Obama can assert his greatest influence.

The change will be most striking on the Richmond-based U.S. Court of Appeals for the 4th Circuit, long a conservative bastion and an influential voice on national security cases, where four vacancies will lead to a clear Democratic majority. Democrats are expected to soon gain a narrower plurality on the New York-based 2nd Circuit, vital for business and terrorism cases, a more even split on the influential D.C. appeals court and control of the 3rd Circuit, which covers Pennsylvania and New Jersey.

Although Republican control will probably persist on a majority of appellate courts for at least several years, some experts say that by the end of Obama's term, he and the Democratic Congress will flip the 56 percent majority Republican nominees now exert over those highly influential bodies. "Obama has a huge opportunity," said Arthur Hellman, a University of Pittsburgh law professor who is an authority on federal courts. "In a very short time, significant segments of the appellate courts, which are the final authority in all but a tiny handful of cases, will be dominated by Democratic nominees."

The new judges might gradually reshape what many see as a conservative drift in the courts under the Bush administration and issue more moderate-to-liberal rulings in the ideologically charged cases that have fueled the struggle for control of the judiciary. Many judges are independent, and party affiliation is not a perfect predictor of their behavior. Still, studies have shown that Democratic and Republican nominees vote differently on such cultural issues as abortion and gay rights, along with civil rights, environmental law and capital punishment. Read More.

2) National News

International Day of Persons with Disabilities 2008 Theme: "Convention on the Rights of Persons with Disabilities: Dignity and justice for all of us"

Source: UN Press Release

Dignity and justice for all of us was the theme of this year's International Day for Persons with Disabilities [December 3, 2008], as well as for the 60th anniversary of the Universal Declaration of Human Rights.

Dignity and justice for all persons are established universal principles. Since its inception, the United Nations has recognized that the inherent dignity and the equal and inalienable rights of all members of the human family are the foundations of freedom, justice and peace in the world. These principles, along with equality and non-discrimination, have guided the work of the United Nations for the past 60 years and are enshrined in various instruments such as the UN Charter and the Universal Declaration of Human Rights, as well as in treaties such as the International Covenants on Human Rights, and the Convention on the Rights of Persons with Disabilities. These instruments are among those which make up the international human rights framework, are complementary and reaffirm that all human rights are universal, indivisible, interrelated, interdependent and mutually reinforcing.

2008 is a significant year in the international human rights movement given the entry into force on 3 May of the Convention on the Rights of Persons with Disabilities and its Optional Protocol, legally binding instruments which set out the legal obligations of States to promote and protect the rights of persons with disabilities, as well as the 60th anniversary of the Universal Declaration of Human Rights (UDHR). Article 25 of the UDHR provides that each person has "the right to security in the event of unemployment, sickness, disability, widowhood, old age, or other lack of livelihood in circumstances beyond his control". Several articles in the Convention on the Rights of Persons with Disabilities expound on this right to security, including article 10 on right to life and article 14 on liberty and security of person. Article 28 is more specific in that it asks that States Parties take steps to safeguard and promote that realization of the right to an adequate standard of living and social protection, including ensuring "access by persons with disabilities and their families living in situations of poverty to assistance from the State with disability-related expenses, including adequate training, counselling, financial assistance and respite care". These instruments mark a clear reaffirmation that persons with disabilities have the right to full and equal enjoyment of their human rights. They also mark a clear reaffirmation of the principles of 'dignity and justice for all of us'. Read More.

NPR: Some Students Fear Openness on Mental Health

Source: NPR: All Things Considered, by Larry Abramson

In the wake of the shootings at Virginia Tech, colleges and universities are paying more attention to students with mental health problems. But in some cases, that has meant that students who complain of serious depression or suicidal thoughts are quickly suspended or expelled. Listen to the webcast.

Air Force Sets Schedule A Goal: 2% by 2010

Source: Air Force Link, by 2nd Lt. Gina Vaccaro, Air Force Personnel Center Public Affairs

Air Force officials are working to increase manager understanding of how to hire qualified people with disabilities. The Schedule A hiring authority, a noncompetitive government hiring process, allows federal employers to hire qualified people with mental retardation, severe physical disabilities or psychiatric disabilities to civilian positions.

"While the Schedule A hiring authority is not new, it seems to have been under publicized," said Michelle Siples, the human resources specialist for the program oversight office at the Air Force Personnel Center here. "Schedule A is designed to remove barriers for people with disabilities to get hired and to increase employment opportunities for persons with disabilities."

Air Force officials have set a goal to be the employer of choice in the disability community and is working toward achieving a Department of Defense goal to have 2 percent of its workforce comprised of individuals with targeted disabilities by the year 2010. According to the Air Force Equal Opportunity and Diversity Program Office, known as AF/A1Q, the Air Force is still at less than 1 percent.

The Schedule A hiring authority allows federal employers to quickly fill positions with qualified individuals with disabilities. The process is non-competitive, which means human resources specialists and/or selective placement coordinators send resumes of qualified applicants directly to managers. If a manager likes the resume, he has the option to hire the individual immediately. Read More.

3) State News

Michigan Protection and Advocacy Sues Oakland University on Behalf of Micah Feldman

Source: Detroit News, by Marisa Schultz

The Michigan Protection and Advocacy Service has filed a lawsuit against Oakland University, alleging the university has failed to follow federal fair housing and disability rights laws when it denied a student's request to live in the dorms. The suit was filed Tuesday in U.S. District Court on behalf of Micah Fialka-Feldman, a 24-year-old Huntington Woods resident who has a mild cognitive impairment that hinders his ability to read and write. Through a special program called OPTIONS, Fialka-Feldman has been sitting in on courses, volunteering on campus and participating in clubs.

Last year, Fialka-Feldman arranged to live in the dorms on campus. But before move-in day, the university withdrew the housing offer, saying Fialka-Feldman is not eligible to live in the dorms.
The suit alleges that Oakland violated the federal Fair Housing Act and Rehabilitation Act by failing to provide a reasonable accommodation. The service advocates for people with disabilities. "He should not be denied the opportunity to experience dormitory living simply because of his disability," Elmer L. Cerano, executive director of Protection and Advocacy Service, said in a statement.

Oakland University declined to comment on the suit because it's pending litigation. But in past interviews, Oakland University leaders have said the university welcomes students with disabilities and about 40 degree-seeking students with disabilities currently live in the dorms. However, Fialka-Feldman and the eight other OPTIONS participants aren't eligible because they aren't students formally admitted to the university.

The OPTIONS program was designed for college-age students with cognitive disabilities who couldn't be admitted to Oakland under the regular admissions standards. Fialka-Feldman pays a program fee that's equal to the cost of tuition, but doesn't earn grades in his courses. The goal is for OPTIONS students to hone their intellectual and social skills in order to find a job and live independently after completing the three-year program. Read More.

Advocates Debate Ways to Close Texas Schools for the Disabled

Source: The Dallas Morning News, by Emily Ramshaw

For the first time in 15 years, the stars seem aligned for advocates of closing some of Texas' state schools for the disabled. The only thing missing is a lawsuit. A threatening Department of Justice letter details civil rights violations across the state's dozen institutions, which care for the mentally disabled and some with physical disabilities. A report from Texas budget officials recommends downsizing the system. And a popular moderate legislator vows to carry their politically sensitive bill.

But the last time Texas shuttered state schools - two of them, in the mid-1990s - it took a class-action lawsuit over conditions inside the institutions. In the last three decades, Texas lawmakers have rarely overhauled any broken systems without enduring costly legal action - on abusive prisons, underfunded school districts or inadequate children's health care. "People have asked me over the years what it's going to take to close more state schools. I always told them, 'A lawsuit,' " said Linda Parrish, who, in 1991, served on the committee that finally settled the 1974 state schools lawsuit by closing two of them. "But this time, things are different. I think lawmakers are starting to see that there's no other choice."

Would community be safer? Advocates for closing state schools say people with disabilities are safer and better served in the community, where they can receive personalized medical attention, be closer to their families and live independently.

Many people with relatives inside the state schools flatly disagree, saying the facilities provide the around-the-clock care and structure that Texans with profound disorders and complicated diagnoses require. And they've got strong allies in the Legislature, including influential lawmakers who have state school campuses in their districts, and others who can't imagine re-rocking this boat.

It's an emotionally charged battle that created screaming matches and tears throughout the early 1990s - and much the same could happen when the Legislature reconvenes next month. "You can't understand what this does to the parents. It was horrible then and it will be horrible now," 75-year-old Nancy Ward said through sobs, describing how she had to move her profoundly disabled daughter out of the Fort Worth State School when it was closed in 1995. Dianne, who is 47 but has the developmental ability of an 18-month-old, is now living at the Denton State School. "This is our choice, the best thing I've done for my child and my family," Ms. Ward said. "At this age, I shouldn't be having to go through this again."

1970s lawsuit and overhaul: The battle to improve care for Texans with disabilities began in the 1970s, when the family of a man in a Houston-area institution filed suit to improve his living conditions. The civil rights case, overseen by legendary Dallas federal Judge Barefoot Sanders, snowballed with abuse and neglect allegations for 18 years before lawmakers called on Gov. Ann Richards to appoint a committee to settle the suit in the early 1990s. The subsequent overhaul included closing two facilities - the Fort Worth State School and the Travis State School in Austin - and moving hundreds of residents into community-based care.

"Until that point, we all had thought the state schools were sanctuaries, a refuge for people with disabilities," said Dr. Parrish, now the public policy coordinator for Texas A&M's Center on Disability and Development. "That was not the case. The whole world knew these institutions should be closed, but Texas didn't." Read More.

4) Announcements

New Ways to Support NCIL While You Do Your Holiday Shopping and Search the Internet

With 2008 coming to a close many people are finishing their holiday shopping and giving donations to charity for an end of year tax deduction. You can show your support of NCIL and receive a tax deduction just by searching the internet or purchasing items and gift cards for the holidays at your favorite online stores, including Ebay.

Purchase a gift certificate for your loved one to their favorite store through for them to buy what they really want this holiday season and NCIL will receive up to 8% of every dollar you spend! There are no hidden charges like shipping and handling.

Use GoodSearch.com and iSearchiGive.com/ncil to shop and search the internet and they will donate up to 3% of every purchase you make at some of your favorite online stores, which are listed on their website. These websites also provide Yahoo-powered search engines that donate half their advertising revenue to the charities its users designate. Use it just as you would any search engine, get quality search results from Yahoo, and the donations to NCIL will add up.

Have you ever sold items using Ebay.com? You can receive an end of year tax-deduction, list your items for free, increase the visibility of your items, and possibly receive higher bids with no additional cost, all while supporting the National Council on Independent Living by listing your item here.

All it takes is listing an item of $5 or more on eBay and donating 10%-100% of the final sale price. Your listings stand out with a distinctive charity ribbon and receive added visibility through a specialized search function. Ebay will send sellers a tax-deductible receipt for their donations and reward your generosity by crediting the Insertion and Final Value Fees back to you, equal to the percentage of the final sale price that you elected to donate.

Thank you for considering these options as the holidays approach.

Op-Ed Analyzing the Perception of Disability and Personal Happiness

Source: Concord Monitor

What makes us happy? It's more complicated than you might think. After I read the Monitor's day-after-Thanksgiving editorial about what makes people happy, I thought about what my mother said at Thanksgiving dinner. My kids like each of us to relate things we are thankful for, and when it was my mother's turn, she said "Everything." We were surprised at her answer, but she insisted she was thankful for everything that she had.

In the past three months, my mother has declined significantly, both physically and mentally. She is 89 and has Parkinson's disease and dementia. She also has longstanding heart valve disease, which results in congestive heart failure, and a slow gastrointestinal bleed, which has led to anemia. She was seated at the Thanksgiving table in a wheelchair which she is unable to get into or out of without the assistance of one and sometimes two people. Except for eating, she can't do any activity - from using the bathroom to dressing to walking - without significant hands-on assistance. She had two recent hospitalizations and is living in a nursing home for rehabilitation. Many, many times that day, we reminded her that it was Thanksgiving.

My mother has progressed to a stage of dependence where some of us say, privately or out loud, that we wouldn't want to live like this. Our culture gives us objective phrases like "quality of life" to legitimize what are subjective beliefs. We are influenced by our youth and sports-obsessed society, to question how we could be happy if we lost our ability to move or to live independently. At one facility where my mother was admitted for rehabilitation after a broken hip, the nurse in charge tried to convince me of the poor reasoning in my mother's wish to be resuscitated if she stopped breathing, even though my mother would not otherwise die.

We may suppose that, because of her dementia, my mother doesn't realize how incapable she is, and therefore how unhappy she should be. It is true that my mother, like many persons with her stage of dementia, is unaware of the extent of her disability. According to an Alzheimer's disease website, the person cared for is less likely to be depressed than the family caregiver, a finding that raises issues about caring for the elderly, but settles any questions about the relationship of the extent of disability to happiness.

Indeed, in his intriguing book, Stumbling on Happiness, Harvard University psychologist David Gilbert reported that conjoined (Siamese) twins almost universally want to remain united. He offers and rejects several hypotheses for the twins' satisfaction with their life, which he predicts most "singletons" would describe as depressing, maybe not worth living. Maybe the twins are happy because they simply don't know what they're missing. Like my mother, who forgets how disabled she is, maybe they don't realize how unhappy they should be. But, as Gilbert points out, not knowing what you're missing may be precisely the reason you are happy, and doesn't invalidate your subjective experience of happiness.

He also hypothesizes that the twins may use language differently; they say they're feeling ecstatic when the rest of us would say we are feeling okay. But he points out that it is impossible to prove this, because happiness is always subjective, and seen from one's particular point of view.

Gilbert cites research that non-disabled people tend to underestimate the happiness of people with chronic illnesses or disabilities. According to that study, healthy people who are asked to imagine themselves in a particular state of poor health give their lives less value than do people with disabilities who are actually in such a state. He also cites research that non-disabled people are willing to pay more to avoid disability than disabled people are willing to pay to become able-bodied again. The explanation, again, is that non-disabled people underestimate the happiness of those who have disabilities.

I suppose that the opposite is also true - that people tend to overestimate the unhappiness of people with disabilities. Join our misconceptions about disability to our conceptions about happiness, and the two don't link up. In reality, I needn't doubt that my mother really is thankful for everything.

I should know better, because being legally blind all my life has not in itself made me unhappy. I think some people don't really believe this. I can't remember anyone ever saying this outright. However, like other people with disabilities, I sometimes got compliments about traits like perseverance I supposedly have, or am complimented just because I am a mother and lawyer.

My sister-in-law, who has a doctorate in biochemistry, as well as three children, and is physically disabled from polio, has been admired for her "courage." These comments are well-meant, but the subtle message is that we shouldn't have done these things, and to do them, we must have more strength or determination than a non-disabled person. That's certainly not true for me! We have "overcome" our disability, which would otherwise have led to less of a life than a normal person could expect.

According to that post-Thanksgiving editorial, happy people watch less TV. This holiday season, some of us nonetheless will risk our well-being to view, once again, It's a Wonderful Life. Frank Capra may have intended bitter Mr. Potter's wheelchair to serve as a metaphor for his crippled personality. Let's remember that this metaphor is distorted by society's lens.

(Sheila Zakre of Concord has been a lawyer for 21 years and owns the Zakre Law Office, which specializes in elder and disability law.)

NCIL Staff Justin Chappell Participates in YouTube Lesson on Digital TV Transition (with Singing!)

Communications and Development Advisor Justin Chappell participated in a new YouTube video produced by the AAPD. It is meant to educate people on frequent questions about the upcoming transition to DTV. Watch the wacky AAPD DTV videoclip at www.youtube.com/watch?v=jtVGsL_Jv4s. To turn on the captions, click the CC button at bottom right of videoclip.

National ADAPT Youth Summit Currently Accepting Applications

The National ADAPT Youth Summit is currently accepting applications for our Summit in 2009! Have you encouraged young people to apply? Our deadline is December 31! The Summit will be in Chicago from June 12-15 and we want to make it our best Summit ever! Call (801) 685-8214 for details.

The Summit is a call to young people with disabilities ages 18 to 30 who are ready and willing to answer the call for direct action grassroots leaders. At the Summit, young people meet disability rights activists of all ages, learn more about ADAPT and its issues, learn how ADAPT organizes campaigns, and practice nonviolent direct action to create change.

Veteran leaders: this Summit is a great way to grow ADAPT leadership in your area! Please encourage young people to apply. FREE OUR PEOPLE! Online application at: www.adaptyouthsummit.org

A Note from the Editor:

Dear NCIL Members,

Please enjoy this special edition WhAM! dedicated to NCIL's efforts during the Presidential transition, featuring communications from the Presidential Transition Team, NCIL's recent work to bring Independent Living and the rights of people with disabilities to the forefront of national debate, and ideas for brining change to your local communities and the nation at large. A regular edition of the WhAM! will also be released Monday, January 12.

Eleanor Canter

1) What's Happening in the Nation's Capital?

NCIL Joins the Transition Team in Call to Service

YouTube Video Competition

2) National News

NCIL and Grassroots Organizations Engage Obama Presidential Transition Team

NCIL and Other Grassroots Organizations Request Substantive Policy Change and Qualified Personnel with Disabilities

NCIL Outlines Policy Priorities for the Obama Administration

Take Action: Tell President Elect Obama Your Policy Priorities!

NCIL Recommendations to the Obama Transition Team

Obama's Justice Pick Draws Fire of Pro-lifers: Schiavo Connections Cited

Inauguration Organizers Concerned People with Disabilities May Have to Stay Home

3) Announcements and Additional Resources

Host a Disability Pride Inaugural Event in Your Area!

Instructions for Setting Up Your YouTube Video

1) What's Happening in the Nation's Capital?

NCIL Joins the Transition Team in Call to Service

Dear NCIL Members,

Every time our nation has faced crisis, our national experience has shown Americans rise to the challenge. While government has an important role to play in helping rekindle our economy and addressing the problems our country faces, President-elect Obama believes each of us, as Americans, has a responsibility to do what we can for our communities and fellow citizens. The United States is once again at a crossroads and that is why the President-elect hopes to use the occasion of his Inauguration to rally our nation to commit to service in our communities.

This Martin Luther King, Jr. Day NCIL is joining with President-elect Obama in making this call to service to our members and every American across the country to reignite the nation's spirit of volunteerism and community service. This new effort, Renew America Together, is not just about stepping up to serve for a single day, but rather to make a continued commitment to serving our communities throughout the year. Together, with our next President, we are asking that you and your family, friends and neighbors sign-up to volunteer on January, 19, 2009 right now.

To get active in your community, please visit: www.USAService.org. This new, interactive website enables Americans in every state in the nation to find a volunteer opportunity in their neighborhood, or to create and host an event on their own. Please click on the link above and sign-up to volunteer today. Together, we can begin to Renew America.

Cheers!

John A. Lancaster

YouTube Video Competition

As a part of the President Elect's Renew America Together campaign -- the nationwide effort to foster a new dedication to volunteerism and community service on MLK Day and throughout the year - the transition team is teaming up with YouTube to sponsor a video competition.

The goal: For individuals and organizations to create a three-minute or less YouTube video designed to tell the story of what they plan to do on MLK Day. The videos could be dramatic, heartfelt, comical, or narrative -- whatever best captures the spirit of the Renewing America Together campaign.

Individuals or organizations who want to submit a video should follow the step-by-step "how to post a YouTube video" instructions below. All submissions should be posted to the Renewing America Together channel no later than January 14th, 2009. Three winners will be selected. The winning videos will be posted on www.USAService.org, and the creator of the single best video will get a personal phone call from First Lady Michelle Obama.

2) National News

NCIL and Grassroots Disability Groups Engage Obama Presidential Transition Team

Since the Presidential Election, NCIL Executive Director John Lancaster and NCIL Policy Analyst Deb Cotter have worked with a diverse group of national disability run disability organizations to engage President-Elect Barack Obama's Presidential Transition Team (PTT). In conference calls and face-to-face meetings, NCIL and the disability coalition continues to hit home the critical issues Americans with disabilities face (see below), from enacting community choice and ending the institutional bias to creating accessible, affordable, and integrated housing and increasing the employment of Americans with disabilities.

As you know, President-Elect Obama announced his Cabinet Secretaries. Once sworn in as President, Mr. Obama will officially nominate and the Senate will conduct hearings to consider and confirm Mr. Obama's cabinet members. These confirmation hearings will provide disability advocates with the opportunity to continue to press for the PTT, Congress, and the Administration to not only consider qualified persons with disabilities for key positions in the Obama Administration, but also advance the disability and Independent Living Movements' agenda. We are urging the President-Elect to consider qualified persons with disabilities for all positions, with an eye toward having key positions filled with qualified candidates who understand the needs of people with disabilities and the contributions Americans with disabilities can make to our country.

NCIL and other disability advocates expressed our concerns about including qualified advocates with disabilities on Monday, December 29th, in a meeting with Matt Nugent of PTT Personnel and Kareem Dale, PTT Disability Outreach Coordinator. We all must continue to hold President-elect Obama and Vice President-Elect Joe Biden to the commitments outlined in the Plan to Empower Americans with Disabilities. One of the easiest things you can do is Tell Your Story on the Obama Transition Team website.

For more information, please do not hesitate to contact NCIL Policy Analyst Deb Cotter via email deb@ncil.org (please put "Obama Transition" in the subject line) or by phone: (202) 207-0334, ext 1008.

NCIL and Other Grassroots Organizations Request Substantive Policy Change and Qualified Personnel with Disabilities

December 23, 2008
Melody C. Barnes, Designee - Assistant to the President for Domestic Policy
Lisa Brown, Designee - Staff Secretary
Presidential Transition Team
451 6th St., NW / Washington, DC 20001
Sent via email: kareem.dale@ppt.gov

Dear Ms. Barnes and Ms. Brown:

We are writing on behalf of the more than 50 million Americans with disabilities to urge you to carry out the commitment President-elect Obama made to the disability community during the campaign. Specifically, the undersigned grassroots consumer controlled organizations are writing to urge you to include a qualified person with a disability, who is an expert in disability policy, to serve on the Domestic Policy Council (DPC). As a collective of organizations, we represent the full spectrum of disabilities.

We are concerned that there has been little outreach to disability-run organizations in the selection process for President-elect Obama's Cabinet and political appointees and we are concerned that the appointments to date do not reflect a concerted effort to include qualified individuals with disabilities to serve in senior positions in the new Administration. Familiarity and experience with disability issues and the disability community is critical to implementing the inclusive vision for America that President-elect Obama campaigned on. In short, we strongly urge you to act promptly to identify a qualified candidate from our community to join the domestic policy team in the White House. As you are aware, there are a number of highly qualified individuals from the disability community with broad experience in a range of domestic policy issues who could contribute to policy development in the White House. It is absolutely critical to us that such an appointee is skilled and knowledgeable in the ways that policy decisions across the spectrum impact and affect the disability community.

Additionally, we are concerned that there has been little outreach to the disability community to seek our opinions on potential candidates throughout the new Administration. There are many individuals with disabilities that have the expertise and background not only to fill positions related to disability but other areas of government as well - from environment and energy to defense and foreign policy.

We stand ready to support the policy changes President-elect Obama and Vice President-elect Biden outlined in their Plan to Empower Americans with Disabilities. The participation of qualified people with disabilities in shaping policy is critical to the success of the programs and services that enhance our lives. We will continue to provide input and advice from our community leaders with disabilities. We look forward to implementing these initiatives that will enable people with disabilities to participate in and contribute to society.

Many other organizations in our loose coalition share our sentiments expressed in this letter, but do to the Holidays have not signed on. We are sure you will be hearing from them on this matter as well.

Thank you for your leadership. We look forward to working together to achieve these goals. Please do not hesitate to contact Deb Cotter of the NCIL Policy staff by phone: (202) 207-0334 or email: Deb@ncil.org if we can be of any assistance.

Sincerely,

Access Living, American Association of People with Disabilities (AAPD), National Coalition of Mental Health Consumer/Survivor Organizations (MCMHC/SO), National Council on Independent Living (NCIL), National Spinal Cord Injury Association (NSCIA), Northeast Independent Living Program (NILP), Special Olympics, Shepherd Center

CC: Valerie Jarrett, Pete Rouse, Tina Chen, Jim Massina, Patrick Gaspard, Michael Strautmanis

NCIL Outlines Policy Priorities for the Obama Administration

Dear President-elect Obama,

Congratulations on capturing the hearts, minds, and hopes of our nation! As grassroots, community-based, consumer-controlled disability organizations, which collectively represent over 50 million Americans with the full spectrum of disabilities, we look forward to working with you and your administration to make cost-effective policy changes to enhance the lives of and restore the civil liberties Americans with disabilities.

Attached you will find nine summaries of the top policy issues facing Americans with disabilities. Taking action on your commitment and these policy measures will not only benefit citizens with disabilities, our nation's wounded warriors, and the ever-growing aging population, it will benefit all Americans and save our government millions of dollars as individuals with disabilities become full participants in society.

They include:

• Employment: Reversing the persistently high percentages of people with disabilities who are not working but are ready, willing and able to work;
  
  
• Education: Increasing access and opportunities for physical activity, and improving quality;
  
  
• Health Care: Improving access and decreasing disparities and inequities;
  
  
• Home and Community-based Services (HCBS): Promoting effective community-based services as alternatives to costly nursing homes and other institutions and increase the FMAP to states;
  
  
• Disability Research: Promoting a quality of life and participation-based research agenda;
  
  
• Civil Rights: Reinvigorating civil rights enforcement, extending access requirements to new technologies, and continuing to restore protections stripped away by hostile courts;
  
  
• Human Rights: Protecting human rights of individuals with disabilities at home and abroad;
  
  
• Emergency Preparedness, Response and Recovery Needs: Planning, coordinating, and providing resources to support people with disabilities before, during, and after a crisis; and
  
  
• Genetic Science and Technology: Promoting ethical use of new technologies.

Like you, we stand and sit on the shoulders of so many who have come before us. As our nation approaches the 20th anniversary of the Americans with Disabilities Act in 2010, we embrace the disability rights principle, "Nothing About Us, Without Us." For too long others claimed the need to speak for us, but no other group - professionals or relatives - speak for us.

Additionally, we urge you to embrace the fundamental principles for sustainable change, which are essential elements to building healthy, resilient, empowered communities. As you move forward with deliberate speed and consideration, we urge your administration to:

• Provide oversight of federal agency public policy, regulatory, and enforcement actions, and collaborate with consumer and community-based disability organizations as partners to better serve the ever-expanding population of more than 50 million Americans with disabilities;
  
  
• Hire qualified professionals with disabilities, who have expertise in policy areas, throughout the administration, including a Special Assistant to the President on Disability Policy;
  
  
• Include individuals with disabilities in policy formation in all areas addressed by the administration, and integrate representatives of our community on all advisory boards of all major agencies;
  
  
• Provide services that serve people with disabilities across the life span, from cradle to grave, and all those with increased needs for health care, health promotion, and long-term services and community-based supports;
  
  
• Incorporate consumer-directed services and include consumers in policy development;
  
  
• Embrace the disability experience as part of culturally competent policy and diversity at all levels of planning, policy formulation, implementation, and evaluation; and
  
  
• Focus on "universal design" as a cost-effective innovative way to enhance the quality of life and level of participation of all Americans in community life and incorporate it into infrastructure changes in the economic stimulus package so we upgrade the infrastructure for all to usel;

Thank you for your support of the need for the federal government to be "diligent about making sure the states enforce the rights affirmed by the Olmstead decision." Enabling people with disabilities to live independently in their own homes and communities, rather than being forced into costly Medicaid-funded nursing homes and other institutions will ensure civil liberties, enhance the quality of life and full participation of all Americans by creating stronger, sustainable communities of inclusion and acceptance to honor the 10th Anniversary of the Olmstead decision.

As a community of individuals with disabilities, we ask for nothing more than what other Americans expect and already have. We seek inclusion. We seek a voice for the disability rights message in the change you create. As you create more jobs for Americans, include jobs for Americans with disabilities. As you improve education for America's students, include students with disabilities. As you improve the healthcare system, include the healthcare needs of individuals with disabilities. As you restore civil rights to Americans, include the civil rights of individuals with disabilities. To paraphrase your now immortal words, - We are not a nation of disabled and non-disabled Americans. We are the United States of America.

We stand ready to work with you and look forward to an opportunity to discuss our priorities with you personally in the coming months.

Sincerely,

Take Action: Tell President Elect Obama Your Policy Priorities!

Over the past three months, NCIL staff has met with key policy staff of the Presidential Transition Team (PTT) to convey our members' policy priorities for people with disabilities. The time has come for President-Elect Barack Obama and his PTT to hear directly from you: people with disabilities, Centers for Independent Living, and Statewide Independent Living Councils. Your input is critically needed to ensure that people with disabilities have a seat at the table and nothing is considered about us without us!

We urge you to use NCIL's DRAFT letter to President-Elect Obama (below) as a model for you to send your own letter. Please send your letters via email to Kareem Dale (kdale@barackobama.com) or via the PTT's Website.

Nothing About Us Without Us! There are only 13 days left before the Inauguration and we need to do more than stand on the sidelines and watch the parade:

• People with disabilities should tell their stories and connect life experiences to specific policy requests;
  
  
• Centers for Independent Living and Statewide Independent Living Councils should highlight their successes and priorities!

For more information, contact NCIL Policy Analysts Deb Cotter or Elizabeth Leef by phone (202.207.0334) or email deb@ncil.org, elizabeth@ncil.org. Please be sure to share you letters with us so we have your stories on record. When sending email, please put "Letter to Pres-Elect Obama" in the subject line.

NCIL Recommendations to the Obama Transition Team

December 15, 2008

President-Elect Barack Obama
Presidential Transition Team
451 6th St., NW / Washington, DC 20001
Sent via email: kdale@barackobama.com

Dear President-Elect Obama:

Thank you for your leadership on disability policy issues during your campaign and throughout your career. The National Council on Independent Living (NCIL) looks forward to working with you and your Administration to implement the policy changes you and Vice President-Elect Joseph Biden outlined in your Plan to Empower Americans with Disabilities. We are thrilled that Senator Tom Harkin not only served as your disability policy advisor during the campaign, but also that you continue to seek the Senator's input. However, the participation of people with disabilities in shaping policy is critical to the success of the programs and services that often define our lives. We are pleased that you have hired several key disability advocates as part of your team. NCIL will continue to provide input and advice from our community organizers with disabilities. We stand ready to assist you the mission to implement initiatives that will finally allow Americans with disabilities the opportunity to pursue the American Dream.

As you know, NCIL is the oldest cross-disability, national grassroots organization run by and for people with disabilities. NCIL's membership includes Centers for Independent Living (CILs), Statewide Independent Living Councils (SILCs), people with disabilities, and other disability rights organizations. Independent Living (IL) organizations are directed and staffed by individuals with disabilities themselves, making them uniquely qualified to address relevant issues with expertise and practical solutions. As a membership organization, NCIL advances Independent Living and the rights of people with disabilities through consumer-driven advocacy. NCIL envisions a world in which people with disabilities are valued equally and participate fully.

CILs provide peer support, independent living skills training, and individual advocacy for people with disabilities, giving people the tools they need to live independently in their communities and fully contribute to society. Most importantly, they provide systemic advocacy by working with local, state, and federal policy makers to ensure the civil rights of people with disabilities and increase the effectiveness and efficiency of the systems on which they depend. To that end, NCIL urges you to implement the following policies to ensure that IL advocates can continue to provide these cost-effective services to the most disenfranchised Americans. Enhancing these services will enable Americans with disabilities to survive this economic crisis and help to revive the economy:

• Reauthorize the Independent Living Program, Title VII of the Rehabilitation Act of 1973.

NCIL has been working to reauthorize and reform the Rehabilitation Act for nearly a decade while people with disabilities have fallen through the cracks and continue to face unemployment at a rate of up to 70% (Source: Department of Labor).** Please find below recommendations for improving the Rehabilitation Services Administration (RSA) and its policies to ensure that all Americans can obtain employment and participate fully in society. NCIL's priorities for the reauthorization of the Rehabilitation Act are outlined in our position paper.

Consumer control of services should be the cornerstone of our economic recovery. People with disabilities are the best equipped to oversee programs that assist them. This concept of "consumer control," has proven to be a highly effective way of managing programs that serve people with disabilities, such as Centers for Independent Living, Statewide Independent Living Councils, and state rehabilitation councils.* It should now be implemented at the federal level by giving people with disabilities a voice over the Rehabilitation Services Administration. Title IV of the Workforce Investment Act should be amended to include the establishment of Rehabilitation Services Administration Council to direct the activities and oversee the operations of the Rehabilitation Services Administration in order to hold the Commissioner and their agency accountable. The link above provides an outline of a consumer-controlled RSA Council that would not only promote self-determination, but also enhance services to people with disabilities across the agency.

• Enact the Harkin-Specter Community Choice Act

Hold firm to your commitment to enable people with disabilities to live in their homes rather than in costly Medicaid-funded nursing homes. The Community Choice Act is about individual CHOICE. It mandates that states and Medicaid to offer home- and community-based services as an alternative to an institutional setting. Research conducted at the University of California at San Francisco has found that the Congressional Budget Office's score of the bill was severely overinflated and that community based services are affordable (LaPlante, 2007). Every American deserves the right to live independently and to choose how and where to live.

• Include persons with disabilities in the development of all housing policies, housing programs, and educational housing presentations.

NCIL believes that community living is a right. There is a wealth of data and information documenting that there is a critical lack of affordable, accessible, healthy/nontoxicand integratedhousing for persons with disabilities, as well as a high incidence of housing discrimination committed against persons with disabilities. The Federal government funds a great deal of affordable housing; yet federal housing policies are often developed without the participation of persons with disabilities. The NCIL Housing Position Paper focuses on, but is not necessarily limited to, federally funded housing. In this harsh economic climate, people with disabilities should be included in all aspects of the development of housing initiatives.

• Reform Social Security by providing employment support insurance to people with disabilities and wage replacement support for people whose condition prevents them from working.

National public policy on employment and benefits is stuck in a morass of confusing program rules and conflicting advocacy positions. Both the rule makers and the advocates are struggling with how to support employment while protecting health and income benefits for those who rely on them most.

Designs for a two-plan model, reinforced with tax reform, would feasibly address these issues. The rules and programs would continue to have a level of complexity, but the mind-bending process of proving an inability to work before getting work incentives would get resolved. There would be a health coverage program for those looking for work. Advocates for employment supports would no longer be at odds with those demanding a safety net for those who need one. Tweaking Social Security rules has not worked up to this point, and there is little reason to believe it will work in the future. NCIL urges you to adopt the World Institute on Disability-NCIL proposal Being American: The Way Out of Poverty as part of your reform.

• Make the Federal Government a model employer of people with disabilities: Comply with the Rehabilitation Act of 1973, as Amended.

The percentage of Federal employees with targeted disabilities hit a 20-year low in Fiscal Year 2006, when the participation rate fell to 0.94% of the federal government's total work force. In addition to declining numbers, the average grade for people with targeted disabilities was 8.5 - a full grade and a half below the government wide average of 10. Year after year, the Federal Government fails to demonstrate that it is a model employer when it comes to the hiring, placement and advancement of people with targeted disabilities.

The Federal Government has never been a model employer of people with targeted disabilities, despite requirements under the Rehabilitation Act of 1973 to develop and maintain an affirmative action program with the goal of hiring and advancing people with disabilities - a requirement that has been in place for 34 years!

Yet, the Federal government is on the brink of experiencing the most significant exodus of experience and talent in history. The Office of Personnel Management (OPM) estimates that the Federal government will lose 40 % of its total workforce by 2010 as the baby boomer generation begins to retire. People with targeted disabilities currently experience an unemployment rate of 70% and represent a significant untapped pool of talent. Now is the time for Federal agencies to be held accountable and required to satisfy their legal obligation to become a model employer of people with targeted disabilities.

As a grassroots driven organization, NCIL will conduct our biannual Legislative and Advocacy survey of our membership to determine our policy priorities. We encourage your Administration to consider our current policy priorities as we move forward.

Thank you for your consideration. We look forward to working with you and your new team in the coming weeks, months, and years to enhance the lives of people with disabilities through community integration and full participation in society. Please do not hesitate to contact NCIL Policy Analysts Deb Cotter or Elizabeth Leef by phone: (202) 207-0334 or email: Deb@ncil.org, Elizabeth@ncil.org if we can be of any assistance.

Sincerely,

Kelly Buckland, President

John A. Lancaster, Executive Director

Obama's Justice Pick Draws Fire of Pro-lifers: Schiavo Connections Cited

Source: Washington Times, by Stephen Dinan and Jerry Seper

Social conservatives and pro-life activists are mobilizing against President-elect Barack Obama's pick Monday for the No. 3 Justice Department job, a lawyer who aided the effort to remove Terry Schiavo's feeding tube during the landmark right-to-die case four years ago.

It is unusual for special interest groups to wage a fight over a sub-Cabinet appointment, but conservatives eager to press the Republican Party to mount some form of opposition to the emerging Obama administration say Thomas J. Perrelli's resume as a private lawyer and his appointment Monday as the nation's associate attorney general may provide the rallying cry.

Mr. Perrelli, a former Justice Department official and Harvard Law School classmate of Mr. Obama's, helped raise $500,000 for the president-elect's campaign, has worked as an attorney for the recording industry, which has significant business before the Justice Department, and represented Democratic lawmakers and voters involved in politically charged redistricting cases, an issue certain to rise again with the 2010 census.

But his high-profile role in the Schiavo case in 2005 stirred instant vitriol among pro-life and socially conservative activists who ordinarily focus their energies on judicial nominees. Andrea Lafferty, executive director of the Traditional Values Coalition, derided Mr. Perrelli's selection as "just another death-peddler Obama has added to his list of nominees." She said he's earned the nickname among pro-lifers of "Piranha Perrelli" for his work on the case.

Tom McClusky, vice president for government affairs at the Family Research Council, said several end-of-life issues could make their way to the federal level in the next four years and having Mr. Perrelli at the department means pro-life causes would have a tougher time winning those debates. "If the Justice Department isn't going to do anything about it, the states, what's to stop them from cases like Schiavo and even worse cases," Mr. McClusky said.

The Schiavo case is still raw for many pro-life activists, though Miss Lafferty said some senators "are skittish about the whole thing." Mr. Perrelli didn't return an e-mail to his law office. But in announcing his nomination and three others to the Justice Department, Mr. Obama said the four would help restore the Justice Department's mission of upholding the Constitution. Read More.

Inauguration Organizers Concerned People with Disabilities May Have to Stay Home

Source: Baltimore Examiner, by Leah Fabel, AAPD

Those with physical disabilities will find Barack Obama's inauguration all but inaccessible, and organizers are concerned that people with disabilities may be forced to stay home. According to a release from the Joint Congressional Committee on Inaugural Ceremonies -- the group responsible for the details of Obama's swearing-in -- parking restrictions near the Capitol include cars with disability plates or tags. Drop-off points for the disabled will be located several blocks away, and "traffic conditions and restrictions may make reaching these drop-off locations extremely difficult," the release said.

Even for those who finally arrive, designated areas for people with disabilities in the coveted ticketed section of the festivities are "limited in size and available on a first-come, first-served basis."

"This is like a big, bold sign that says if you're a person with a disability, this is not your event," said Richard Simms, executive director of the D.C. Center for Independent Living, a nonprofit that promotes independent lifestyles for disabled residents. "Everyone is happy and gleeful and it's a time for hope and change," Simms added, saying he anticipates an Obama administration friendly to his cause. "But in the process of that hope and change, you cannot exclude." Read More.

To address these and other issues with Congress's management of the ticketed inauguration ceremony on the Capitol Grounds contact:

• Senator Diane Feinstein, who is serving as chair of the Joint Congressional Committee on Inaugural Ceremonies (JCCIC), Speaker Pelosi and, Majority Leader Hoyer

Contact Obama's inaugural team's accessibility contact, Mazen Basrawi with issues regarding the opening ceremony, the inauguration viewing from the Mall, the parade, and inaugural balls.

3) Announcements and Additional Resources

Host a Disability Pride Inaugural Event in Your Area!

With a new presidential administration comes a new chance for CHANGE for people with disabilities!

• Affordable, accessible housing
• Jobs and training for people with disabilities
• Improved health care for all
• Quality education for students with disabilities
• An opportunity for our voices to be heard!

Take advantage of the opportunity to bring together people with all types of disabilities in your community! During the week of January 19-25, while Barack Obama is inaugurated as President in Washington, DC, disability organizations will be holding local events in communities around the country. Set up an event in your community! Town hall meetings, potlucks, rallies, community service projects, whatever event suits your area.

Obama's disability team will invite people from their extensive list of contacts in your area - to connect new people with disabilities to your organization! Don't miss this opportunity to build a nationwide disability rights movement!

To let us know what event you're planning and get assistance with contacts, press release, flyers, and other materials, please contact disabilitymovement@gmail.com or call Jessica Lehman at (510) 427-7535 or Rebecca (Hare) Cokley at (202) 420-1847

Instructions for Setting Up Your YouTube Video

YouTube is an interactive worldwide community-there are a lot of ways to use the platform to inform people, get them to participate, and grow awareness.

The Basics

1. Do your research. YouTube is more than a video-sharing site; it's many communities of active and engaged users. Look for current trends on the site (or ask us for tips) and find people who you think would engage with your campaign. If you launched your campaign today, can you see individual users who might contribute? If so, you'll know that what you're asking for isn't out in left field.

2. Be you, be different. Your campaign should reflect your organization's sensibility, so think of a concept that's in keeping with who you are. YouTube users appreciate authenticity. Emphasize how your campaign is unique to your organization and its goals.

3. Keep it simple. A simple video with a low barrier to entry is essential if you want to get a large number of submissions that resonate with your call-to-action.

4. Partner up. There is power in numbers on YouTube; it may be helpful to partner up with other organizations on the site whose work closely mirrors your own so that you can cross-promote your campaign on YouTube and off.

Making and Optimizing Your Videos

YouTube is designed to make sharing your videos with friends and family as easy as possible. You probably have the tools to make a video already, even if you don't have a camcorder. Web cams, digital cameras, and even cell phones often have video recording features-many digital cameras even have a simple switch to choose between stills and video, like this:

So take a look at what you already have-you may be surprised! Most of these devices record in either the .AVI or .MPG formats, both of which YouTube supports, and the video shot with them can be uploaded directly from the device or after being copied to your computer.
Digital and Analog Camcorders

If you already have a digital camcorder (one that captures in Digital8, MiniDV, HDV, or any of the DVD formats), then you're ready to start shooting your masterpiece. Your camcorder will need some kind of direct connection to your computer, either to the USB or FireWire ports or by inserting the DVD you've recorded. Once you've downloaded the video from the camera, you can upload it to YouTube or bring it into an editing program to play with it some more.

If you have an analog camcorder (one that uses VHS, VHS-C, SVHS-C, 8mm, or Hi8 tape), you can still get your videos onto YouTube. It will require an extra step and some additional equipment, though, since these camcorders are not usually equipped with computer connections. You will need to digitize the video with a converter box, which will convert the analog signal from the camcorder to a digital signal that the computer can understand. After the video has been digitized, you can manipulate it further or upload it.

Editing and Improving Your Videos

If you want to be a bit more hands-on with your video, most new computers come with basic video-editing software installed (like Apple's iMovie or Windows MovieMaker). Once you have copied the video from your phone, camera, or camcorder to your computer, you can bring the video into these programs. Most allow you to not only edit the video, but add effects, titles, and music to make your video look and sound more interesting.

Uploading Your Videos to YouTube

Once you're happy with your final result, you'll need to save the video in a format that YouTube can accept in order to upload. Unless you're a professional video producer, we recommend that you save your videos as either QuickTime .MOV, Windows .AVI, or .MPG files- these are the most common formats and they work well within our system. We specifically recommend the MPEG4 (Divx, Xvid) format at 640x480 resolution with MP3 audio. Resizing your video to these specifications before uploading will help your clips look better on YouTube.

Uploading Directly with Mobile Devices

If you have video capabilities on your cell phone or PDA, you can now upload videos directly from the device to YouTube. So if you get a quick clip of something cool with your phone, you can put it up right away. Just set up your Mobile Upload Options in advance, and then send your videos to the email address you're assigned. All of your mobile videos will have the default tags, title, and description that you set, or you can overwrite them in the email message you send.
Making Your Video Easy to Find

When you upload your video, we require you to choose at least one category and enter at least one tag to describe the content in your video. Adding this information helps other YouTube members find your video, so if you want an audience, help them out! The more accurate the tags are on each video, the easier it is for everyone to find cool videos to watch.

Make your tags as descriptive as you can-if you took a video of your friends at the beach, you might want to tag it like this: party beach surfing. Each tag is separated from the others by a space.

Instructions courtesy of YouTube for more information or troubleshooting please go directly to the YouTube help site at http://help.youtube.com/s.../bin/topic.py?topic=16560

1) What's Happening in the Nation's Capital?

NCIL's Participation in Inaugural Activities

The Disability Power and Pride Ball A Huge Success!

2) National News

Independent Living Funding Opportunity in House Stimulus Package - Act Now!

Nursing Home Industry Worries about New Ratings System

Obama Engages Four Disability-Friendly Advisors

Regulators Ordered to Leave Work Unfinished: Work on ADAAG Proposed Guidelines Halted

3) State News

Kansas Advocates Seize Opportunity to Educate New Lawmaker

People with Disabilities, CILs Paying the Price in San Diego, Elsewhere

4) Announcements and Additional Resources

Op-ed by Mike Strautmanis, Chief of Staff to the Assistant to the President for Intergovernmental Relations and Public Liaison

ADRC Grantee Funding Opportunity

Cheney's Villainy - Nothing to Do with His Wheelchair

1) What's Happening in the Nation's Capital?

NCIL's Participation in Inaugural Activities

Disability Power and Pride Inaugural Ball: Staff members John Lancaster, Jorge Pineda, Elizabeth Leef, and Eleanor Canter attended the Inaugural Ball, along with their loved ones. Jorge remarked, "It was great to see many people that I had not seen in many years and remarkable how many people from other states came to the ball and the inaugural festivity".

Congressman Steny Hoyer (D-MD) and Senator Harkin (D-IA) addressed the packed and excited ballroom, to the delight of the crowd. Hoyer said, "We will celebrate our country's promise of inclusion, that all men and women are created equal and are endowed by their Creator with certain unalienable rights… America offers a promise of using [our] abilities to seize opportunities to make a difference for individuals, for their families, for their communities, and, yes, for their country."

Several other speeches and performances followed. The crowd enjoyed an excellent dinner and cocktails and the dance floor was packed throughout the night. It was an evening for celebration, and our community clearly got the memo. The disability community's first inaugural ball was a huge success and NCIL staff was honored to have been a part of it!

Inauguration Day: Estimates for the attendance of the inauguration are still ranging between 1 and 2 million. Massive problems with security and transportation kept tens of thousands of ticket holders outside the gates, including NCIL staff Eleanor Canter. Although the crowds kept a good attitude, masses could be heard chanting "Let us in! Let us in!" Many people with disabilities braved the cold and long lines, giving our community a visible presence. "I'm still glad I was there and that I survived. The huge masses of people moving in unison was something very strange to be a part of. I keep referring to that day as the Armageddon of Hope," she said.

Tim Fuchs met with family and friends and watched the event from the base of the Washington Monument. "Even though we were a mile from the Capitol, we found ourselves nestled between the Washington Monument and the White House with a million of our closest friends. Regardless of party or politics, it was encouraging to see so many people outside in bitter cold to demonstrate our support for President Obama and our country. I just hope that this administration will truly support the Independent Living Movement."

Justin Chappell volunteered with the Presidential Inaugural Committee to help others enjoy the week-long festivities as much as he had riding a float in the 1993 Inaugural Parade. He staffed registration lines at a three-day series of trainings for inauguration week volunteers. January 17th and 18th, he served as an Opening Ceremony Press Team Volunteer in zero degree weather. He worked from 6 a.m. until 6 p.m. helping credentialed press locate their assigned areas and VIP seating.

Denise Law also volunteered for the Inaugural Committee, which received 60,000 applications and accepted 18,000. "It was an honor to be one of the chosen - my assignment was Hotel Information Assistance, serving President Obama's friends and family at the Mayflower Hotel, which held one the unofficial inaugural balls. It was exciting to feel the visitors' excitement, as it was my first time ever volunteering for such an historical event," she said.

The Disability Power and Pride Ball A Huge Success!

Source: RollCall

The Disability Power and Pride Ball, scheduled for Sunday night at the National Press Club, was the first of its kind and is being called a "political coming out" for people with disabilities by the ball's planners. The celebration was set to include sign language translators and wheelchair accessibility.

"What we don't want is for people to be patronizing and say, 'Let's include some people with disabilities at our party.' We want to have our own party and reach out to everybody else," says former Rep. Tony Coelho (D-CA), chairman of the Ball Planning Committee and author of the Americans with Disabilities Act. "We want to be proud of what we are."

The sold-out ball, which was expected to be attended by 700 people, advertised a buffet, cocktails and a performance by Bill Shannon, also known as "the CrutchMaster." Shannon… is a choreographer with the Cirque Du Soleil. He planned to perform a show in which he would swing around and dance on his crutches, proving that a bad hip can't keep a man down.

The ball was also an occasion to honor disabled veterans, Coelho said. "We want them to see how proud we are of them and welcome them to our community. To say, 'Don't be embarrassed in anyway by your disability,'" he said in an interview before the ball. "A lot of times these young men and women come back and there is this sympathy as opposed to enabling them to be part of society totally. We want them to realize that we are very much proud of who they are, what they are and what they can do in the future."

2) National News

Independent Living Funding Opportunity in House Stimulus Package - Act Now!

Update! Friday, House of Representatives completed mark ups in 3 Committees of the proposed economic recovery bill. It will be brought to the House Floor sometime this week. Summaries and full text of the bill as marked up by the Committee are available on the House Appropriations website. Independent Living is listed under the Subtitle C Education portion.

The Senate is busy drafting its own bill. The Senate Appropriation Committee will be determining the amounts in each section. It is critical Senate Appropriators hear from Independent living advocates.

This is funding is not secured and we could loose it all. Take the following steps today!

Action Steps: Call your Senators and ask them to keep the House appropriation funding level at $200 million for the Independent Living Program in the American Recovery and Reinvestment Act.

Targets

• Call all House Members! Ask them to vote yes on the Economic Stimulus Bill. Thank them for including $200 million for Centers for Independent Living!
  
  
• Call all Senate Appropriations Committee Members and ask them to keep the House appropriation funding level at $200 million for the Independent Living Program in the American Recovery and Reinvestment Act.

Ask for the legislative aide handling the Economic Recovery package.

Suggested talking points: Hi! My name is ___. As a constituent and a person with a disability, I am requesting the (Senator / Congress(wo)man support the American Recovery and Reinvestment Act and the House Appropriations Committee mark up, which includes $200 million for two years for the Independent Living Program!

Centers for Independent Living enable people with disabilities participate in, and contribute to society. Independent Living has struggled for too long. Now is our opportunity to be heard and recognized. If funding cuts continue Centers for Independent Living will have to work harder and longer to serve its growing constituency. These continued cuts come despite:

• Almost 30% of counties remain unserved. (Source: Rural Institute at the University of Montana);
  
  
• 10 million Americans with disabilities live in poverty;
  
  
• 72 % of adults with disabilities who want to work are unemployed;
  
  
• The dramatically increasing size of the disability population as a direct result of the wars in Afghanistan and Iraq, the climbing rates of obesity and diabetes, and the growing aging population, and;
  
  
• Most people with significant disabilities still are unable to benefit from the opportunities and services CILs provide because of the lack of funding.

For more information: Contact NCIL Policy Analyst Elizabeth Leef by email, Elizabeth@ncil.org, phone: (202) 207-0334, ext 1015 or fax: (202) 207-0341.

Nursing Home Industry Worries about New Ratings System

Source: AP

About 22 percent of the nation's nearly 16,000 nursing homes received the federal government's lowest rating in a new five-star system unveiled in December, while 12 percent received the highest ranking possible. A home could obtain up to five stars based on criteria such as staffing and how well they fared in state inspections. The lowest ranking possible was one star. Such a simple rating for so complex a task as caring for the elderly has led to much anxiety in the nursing home industry.

Kerry Weems, acting administrator for the Centers for Medicare and Medicaid Services, said the agency was merely taking existing data already on the agency's Web site and making it easier for patients and families to choose a nursing home. He said it can be difficult for people to understand all the aspects of an inspection.

"This should help consumers in narrowing their choices, but nothing should substitute for visiting a nursing home when making a decision," Weems said. Officials also see the new rating system as a way to challenge nursing homes to improve the care they provide to nearly 1.5 million patients nationwide. "Transparency is key when it comes to nursing home quality," said Sen. Herb Kohl (D-WI).

Under the new system, five stars means a nursing home ranks "much above average," four star indicates "above average," three means "about average," two is "below average" with a one indicating "much below average." The rankings will be updated quarterly. The industry is already questioning the validity of the rankings.

To nursing home operators, the five-star system is a great idea whose time has not yet come. The system "is poorly planned, prematurely implemented and hamhandedly rolled out," said Larry Minnix, president and chief executive officer of the American Association of Homes and Services for the Aging, an industry trade group.

The ratings are based on three major criteria: state inspections, staffing levels and quality measures, such as the percentage of residents with pressure sores. The nursing homes will receive stars for each of those categories as well as for their overall quality.

Consumer groups like the concept, but they agreed there are some potential problems with the data. For example, the staffing data is self-reported just before state surveys and is widely recognized as unreliable. "From a consumer viewpoint, it's not stringent enough," said Alice H. Hedt, executive director of the National Citizens' Coalition for Nursing Home Reform. "It's basically taking information already available on Medicare's Nursing Home Compare Web site and pulling it into an easier system for consumers to use, and that is a good thing."

Read More or visit Medicare's Nursing Home Compare website: http://Medicare.gov/NHcompare

Obama Engages Four Disability-Friendly Advisors

At the Disability Pride and Power Inaugural ball, it was announced that Kareem Dale would become a Special Advisor to President Obama on disability issues. We have also learned that Paul Steven Miller will be playing a role in helping the Obama Administration ensure that people with disabilities will be represented in positions within the Administration. Tony Coelho, former United States congressman from California, current chair of the Epilepsy Foundation's national board of directors is also playing an active role in advancing disability interests and hires within the Administration. The new Chief of Staff to the Assistant to the President for Intergovernmental Relations and Public Liaison is Michael Strautmanis. Please find below (under Additional Resources) a Washington Post Op Ed he authored last year concerning people with disabilities and President Obama.

Obama Campaign Hires New Disability Vote Director; Campaign Continues to Strengthen Constituency Vote Operation

Kareem Dale, founder and chief executive officer of The Dale Law Group (DLG) in Chicago, has been appointed as the Obama campaign's Disability Vote Director, effective July 14, 2008. Dale, partially blind, will help broaden the campaign's reach and involve even more voices in this coalition for change.

In his role as Disability Vote Director, Dale will be responsible for all disability outreach efforts for the campaign, including attending national conferences, coordinating grassroots efforts, speaking at events as a surrogate for the campaign, and ensuring that campaign locations are accessible for all Americans with disabilities.

"Throughout this campaign, Barack Obama has insisted that we can change our politics and involve new voters in the process if we focus on our common hopes as Americans," Campaign Manager David Plouffe said. "Kareem Dale shares Barack Obama's fundamental commitment to building a world free of unnecessary barriers, stereotypes, and discrimination, and we're excited he's a part of this campaign."

Fifty-four million Americans - roughly 1 in 6 - personally experience some form of disability. Senator Obama is committed to empowering people with disabilities so that they can fulfill the American dream and take full advantage of their talents and become independent, integrated members of society. "I look forward to encouraging all Americans with disabilities to support a candidate who is going to bring real change to their lives," Dale said.

Paul Steven Miller, Henry M. Jackson Professor of Law and Director, UW Disability Studies Program

An internationally renowned expert in disability and employment discrimination law, Professor Miller joined the faculty in 2004, after spending twelve years in public service in Washington, DC. He was one of the longest serving commissioners of the U.S. Equal Employment Opportunity Commission (EEOC). While at the EEOC, Professor Miller spearheaded the development of the agency's mediation program. He has also served as the White House liaison to the disability community and as Deputy Director of the U.S. Office of Consumer Affairs. Prior to joining the U.S. government, Professor Miller was the director of litigation for the Western Law Center for Disability Rights (now the Disability Law Center) and taught at the law schools of Loyola University and UCLA.

Since 2006, Professor Miller has been the director of the University of Washington's Disability Studies Program, an interdisciplinary program that examines the social, cultural, historical and personal experience of disability.

Professor Miller currently serves as a member of the board of Mental Disability Rights International, an international human rights NGO; a member of the National Advisory Board of the Center for Genetic Research, Ethics, and Law at Case Western Reserve University; the Medical Ethics Committee of Seattle Children's Hospital; a member of the Grants and Community Leadership Committee of The Seattle Foundation; and an International Associate of the Employers' Forum on Disability based in London, England. He also serves as an appointed member of the HHS Secretary's Advisory Committee on Genetics Health and Society.

Professor Miller is an active member of the American Bar Association's (ABA) Labor and Employment Section, and he is a Fellow of the ABA Foundation. Professor Miller is a frequent speaker and lecturer in the area of equal employment opportunity, workplace diversity, disability issues, and the legal, social and ethical issues of the Human Genome Project, and he is a prolific writer on these topics. Professor Miller's insights on the topics of the workplace, disability, genetics and the law often appear in the national media, in print, television and radio. He has received grant funding for his research and work in the areas of disability human rights, genomics and health equality, and bioethics. He has been the convener and chair of several national and international symposia, including Framing Legal and Human Rights Strategies for Change: A Case Study of Disability Rights in Asia (2008); and The Ethics and Policy of Limiting Growth in Children with Severe Disabilities: Issues of Decision Making, Benefits and Social Impact (2007).

Regulators Ordered to Leave Work Unfinished: Work on ADAAG Proposed Guidelines Halted

President Obama has halted all pending regulations. So for example, the Department of Justice's proposed ADA Accessibility Guidelines (ADAAG) are on hold pending review by Obama Administration officials.

Source: Washington Post

In its first hours, the Obama administration took an initial step to put its imprint on the government, ordering work halted on all federal regulations left unfinished at the end of the Bush era until they can be reviewed by the new president's team.

White House Chief of Staff Rahm Emanuel dispatched a memo yesterday afternoon to federal agencies and departments, directing them to stop pending rules until the new administration has time to conduct a "legal and policy review" of each one. The directive has become a first-day tradition among presidents, dating to Ronald Reagan in 1981, helping incoming administrations put their own philosophical stamp on the regulatory work that is a subtle but potent tool of presidential power. Presidents George W. Bush and Bill Clinton did the same thing.

Deputy White House press secretary Bill Burton said yesterday evening that he was uncertain how many unfinished rules the new administration has inherited. In a parting note late last week, Susan Dudley, the Office of Management and Budget official who oversaw regulatory work under Bush, said that the administration had issued 100 final rules since November, when Obama won the presidency, fewer than in the final weeks of Clinton's tenure. It is unclear, however, how many of them still have not taken effect -- or how many regulations are left over in earlier phases. Read More.

3) State News

Kansas Advocates Seize Opportunity to Educate New Lawmaker

Source: The Joplin Globe, by Andra Bryan Stefanoni [excerpted]

Pittsburg, Kansas - A steady stream of constituents came through the door Friday afternoon at 701 N. Broadway as U.S. Rep. Lynn Jenkins (R-KS) formally opened her district office.

Jenkins, the former state treasurer who defeated Democrat Nancy Boyda for the U.S. House post, spends Tuesday through Thursday in Washington, then returns to Topeka. "We wanted a place where constituents could come or call at any time with concerns or questions. Constituent services is going to be a focus of mine."

Representatives from numerous organizations, boards, businesses and educational institutions attended the open-house reception. Some, including Lou Ann Colyer and Dave Sorrick from Southeast Kansas Independent Living, had specific reasons for attending; others merely sought an introduction.

"There are a couple of federal issues related to disability services, including the Community Choice Act, that we are here to champion," Sorrick said. The Community Choice Act would allow individuals eligible for nursing-home services or intermediate care to choose a new alternative, so that the money follows the individual. Read More.

People with Disabilities, CILs Paying the Price in San Diego

Source: MSNBC

San Diegans reacted Sunday to news that California's fiscal future had lurched yet another step toward oblivion. State Controller John Chiang announced he could no longer make payments for services to disabled and blind people who need the money to pay for rent and food. Payments would most likely have to be stopped by Feb. 1. "Delaying these payments will hurt real families," Chiang said. About one million people would be affected by the non-payments.

Access to Independence is an independent living center that been around since 1976. It gets about 35-37 percent of it's total budget from the state. That works out to roughly $56,000 a month. Louis Frick is the executive director of Access to Independence. He says, this is really going to hurt people who need help. "They're very tight budgeted number one. Number two, you miss a check and all of a sudden the likelihood of losing your home, losing the apartment or shared living space you're in," Frick said. "It's extremely frustrating." Read More.

Similar situations are occurring in Iowa and Kansas.

4) Announcements and Additional Resources

Op-ed by Mike Strautmanis, Chief of Staff to the Assistant to the President for Intergovernmental Relations and Public Liaison

My son Jori has a disability. He is on the Autism Spectrum. Jori is a daily gift to our family, but we face challenges. Fortunately, Jori has a friend named Barack Obama. Literally. Barack has watched Jori grow up. He stands by Jori, his mother, and me as we struggle with the barriers society places in the way of people with disabilities. Every American with a disability, or who has a loved one with a disability, should be fortunate enough to have a friend --- or even a President --- like Barack Obama.

I want our country to provide support to families like mine --- the families who face the practical, financial, and emotional challenges of a loved one with a disability. Jori has taught Barack about these challenges. These days, I work on the Obama-Biden campaign after serving on Barack's Senate staff as his Chief Counsel since he arrived in Washington. But long before that, Barack and I were friends. He and Michelle have been a big part of our family's life and a great help to my wife and me. To them, Jori is not a statistic; he's a kid they see around town or at the office. They see how our family, which has more advantages than many, struggles to help Jori to get the care he needs, which is sometimes more than a loving family can provide, and the education he deserves, but few public schools have the resources to deliver.

When Barack gives a friendly hello to Jori, he shows his kindness; when he accommodates my schedule to enable me to be a fully engaged parent, he shows that he understands what families like ours go through. He understands that as a leader, he has an obligation to help us to keep all of America's promises to our loved ones and give us the tools we need as parents to ensure that our children won't be shortchanged.

As President, Barack will begin by creating a new White House post: Assistant to the President for Disability Policy. He will press Congress to pass the CLASS Act and the Community Choice Act to help Americans with disabilities to choose to live independently in the community and to help them pay for the direct care workers, assistive technology and other tools that make independent, community-based living possible. For our children, Barack will continue his fight for full funding of IDEA so that students with disabilities are assured of a free appropriate public education. Barack agrees that funding IDEA at less than half its authorized level is a disgrace, but he also understands that merely wringing more money out of Congress is not enough. His Secretary of Education will fully implement and enforce IDEA. Local school districts' foot-dragging and resistance to IDEA, denying teachers what they need to serve kids with disabilities in the most inclusive possible setting, will no longer be tolerated.

It's easy for me to say that my friend Barack will do these things, but this isn't just friendship talking. I know he will do the right thing, for two reasons. First, there is his record: As an Illinois state senator Barack Obama sponsored legislation that created an autism spectrum diagnosis program, designed to implement evidence-based best practices. Barack worked with Illinois families to build the Easter Seals academic programs that prepare students for independent living. Moreover, Barack helped pass Illinois' mental health parity law as a State Senator. Barack understands that we need universal screening, education and early intervention strategies for all children, but especially children with disabilities. That's why he intends to provide $10 billion per year in funding for developmental programs serving children between birth and age five. Barack has long supported the Family and Medical Leave Act; as President, he will expand it and help the states create paid leave systems to ease the tough choices that are faced every day by working families providing support to a disabled member.

But there is a second reason that I have faith that a President Obama will fight for people with disabilities, and one that I find more compelling: I have seen Barack Obama with my son and other people with disabilities. I have seen how he puts his arm on Jori's shoulder, how he smiles at Jori and speaks to him as the person that he is. I see his understanding that Jori and every other American with a disability is a fellow child of God with potential worth developing and dignity worth protecting. I see this and I know that Barack understands why I would do anything to secure real opportunity for that precious child, why any parent in my place would do the same. I see that Barack Obama comprehends all of that, and he wants to help us get there. And I know that if we can help Barack Obama to get to the White House, he will do more than any President ever has done to help those of us who love and care for loved ones with disabilities to achieve everything they can achieve. I know this man. So does Jori. And he gives us hope.

ADRC Grantee Funding Opportunity

The U.S. Administration on Aging (AoA) and the Centers for Medicare & Medicaid Services (CMS) have published a call for applications for $25 million grants to State Health Insurance Assistance Programs (SHIPs), Area Agencies on Aging (AAAs), and Aging and Disability Resource Centers (ADRCs) for grant funding resulting from provisions of the Medicare Improvement for Patients and Providers Act (MIPPA) of 2008. Additionally, another $5 million grant is available for an organization to serve as a national resource center to provide technical assistance to these programs related to outreach to Medicare beneficiaries with limited incomes. This collaborative effort of AoA and CMS requests States to submit joint plans that demonstrate coordinated and targeted efforts to reach beneficiaries with limited incomes and to assist them with applying for Medicare Savings Programs and Part D Low-Income Subsidy assistance. Additionally, States are asked to demonstrate how funds will be used to bolster outreach efforts to beneficiaries in rural areas.

Please note that a bidders' teleconference is scheduled for February 4 to provide states with an opportunity to ask any questions.

More complete grant information can be found on AoA's website.

Cheney's Villainy - Nothing to Do with His Wheelchair

Last issue we brought you some of Advocate Laura Hershey's work in the form of the petition to object to the award of the Jean Hersholt Humanitarian Award at the Oscars to Jerry Lewis (there is still time if you have not yet signed!). Today we bring you her short but poignant article on the reaction the country had to the sight of Dick Cheney using a wheelchair during the inauguration.

Blog by Laura Hershey

I never thought I'd be sticking up for Dick Cheney. But his appearance at the Inauguration today, riding in a wheelchair pushed by several Marines, has elicited so many nasty, disabiliphobic comments, that I find myself… well, not exactly defending Cheney, but at least defending the dignity of wheelchair use.

Cheney apparently pulled a back muscle, and has to stay off his feet for a few days. Granted, with his clunky chair and his scowling countenance, he's not exactly the model of the hip, sexy crip. Too many commentators, however, have turned the wheelchair into a mark of shame. MSNBC's Chris Matthews said, "The Vice President in that wheelchair… is a metaphor for the low esteem with which he's held in this country. His numbers are pathetically low." (Is Matthews aware of the fact that President Franklin D. Roosevelt, one of the most effective and most popular presidents, governed from a wheelchair?)

Around the Internet, I've seen numerous gleeful references to the image of Cheney in a wheelchair. Several compared him to Dr. Strangelove, the maniacal nuclear scientist in Stanley Kubrick's film. Others invoke Mr. Potter, that mean old banker in Frank Capra's "It's a Wonderful Life".

We don't need another villain in a wheelchair. A villain he may be, with shared responsibility for torture, repression, and all kinds of other crimes against humanity. But the wheelchair has nothing to do with it.

1) What's Happening in the Nation's Capital?

Act Now: Ask Congress to keep Independent Living in the Stimulus Bill!

2) National News

Governor Bredesen of Tennessee and TennCare Being Vetted for HHS

Jerry Lewis "Humanitarian" Award Update, and How Harriet McBryde Johnson is Still Part of the Action

Findings of Most Extensive Employer Survey on People with Disabilities Released

Micah Fialka-Feldman's Fight to Live in the Oakland University Dorms Denied by Court, His Struggle Continues

3) State News

Texas SILC to Ask Legislature for More Centers for Independent Living

ABIL's Disability Empowerment Center Hosts Grand Opening

4) Announcements and Additional Resources

MTV Launches "News" Program Hosted by People with Disabilities

Weekly Advocacy Monitor (WhAM!) Advertising Now Available

�

1) What's Happening in the Nation's Capital?��

NCIL has been working tirelessly to keep the membership informed on what Congress is doing in relation to disability rights and relevant issues. Recently, we were lucky enough to be included in both the House and Senate versions of the American Recovery and Reinvestment Act. Many organizations did not make the stimulus bill.

This action came about because the disability community has been educating members of Congress about Independent Living. Advocates from Wisconsin have worked for years with Congressman Obey; and because of this established relationship with the Chairman of the House Committee on Appropriation, Independent Living was included in the bill.

Senator Tom Harkin of Iowa has been a true champion for the disability community for decades. At our 2008 Rally the Senator promised to secure more funding for Independent Living, and he is keeping his promise. Iowa advocates have been in constant communication with Harkin's office.

As a community we must recognize the hard work that has to be done in order to advance Independent Living and achieve the status it deserves. Invite your Representative or Senator to your CIL or events within the community. The more they know the more they can help. Our grassroots advocacy is working. Keep up the hard work!

�

2) National News

Act Now: Ask Congress to keep Independent Living in the Stimulus Bill!

Update: Both the Senate Stimulus Bill and the Nelson Amendment now include Independent Living! Our advocacy efforts are working!� As of now funding for Independent Living stands $110 million. There are still amendments to be considered, but Senate leaders hope to complete action on�HR 1 very soon.

The Senate is currently debating amendments. Last week we asked you to call members of Congress and ask them to vote against the Nelson-Collins Amendment (PDF), which would have eliminated all stimulus funding for Independent Living. �Late Friday night, advocates learned funding for VR, IL & IDEA was kept in the amendment! �We no longer need to encourage Senators to vote against this amendment. See page 146 in the link above for details.

Act Now: Persuade your Senators and Representatives to keep IL funding in the stimulus bill. The funding is listed under "Rehabilitation and Disability Research," but is not research related. Tell them your Center will use the funds to hire critically needed employees to help people with disabilities gain employment opportunities.

Targets

1. Contact all Senators
   
   
2. Contact all Representatives

You must communicate the following to your Senators and Representatives in order to secure this funding:

1. CILs need employees. They can make immediate hires. Centers work with people with disabilities to help them become employed, and provide the support needed so that people are job ready and can find good jobs that are sustainable.
   
   
2. Centers help people to remain independent in their own homes and communities, and help prevent people from being institutionalized.� From 2004-2006 CILs transitioned over 8,000 people from nursing homes and institutions into the community, saving state and federal government well over $160 million.� Centers help ease the financial burden that states have to bear on institutional expenses by keeping people OUT of institutions.
   
   
3. Ask them to keep the funding for the Independent Living Program in the American Recovery and Reinvestment Act.

Ask for the legislative aide handling the Economic Recovery package and tell them about your state and the services CILs provide.

Both the House and Senate will have to go to conference to reconcile the differences between the two bills. Call your Representative and Senators to ensure members who may be in the Conference Committee understand the importance of Independent Living! Text of the bills is available at http://thomas.loc.gov/.�

For more information: Contact NCIL Policy Analyst Elizabeth Leef by email, Elizabeth@ncil.org, phone: (202) 207-0334, ext 1015 or fax: (202) 207-0341.

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Governor Bredesen of Tennessee and TennCare Being Vetted for HHS

Source: Politico, by Mike Allen (Sebelius, Bredesen up for HHS spot)

Kansas Gov. Kathleen Sebelius is the leading contender to replace Tom Daschle as President Obama's choice for secretary of Health and Human Services, with Tennessee Gov. Phil Bredesen also remaining under consideration, administration officials told Politico. The officials said others might be in the mix and that a decision was likely soon.

Sebelius, 60, is seen as a leading contender because of her close relationship Obama-she backed his candidacy over Hillary Rodham Clinton and was a top surrogate to women's groups during the campaign. She has been on the short list for several Cabinet posts, yet said in December that she was staying in Kansas to deal with budget problems.

On the other hand, the possible choice of Bredesen has sparked an outcry from some advocates. His past job as a managed-care executive and continued ties to the health insurance industry haven't won him many admirers within the progressive health reform community, a key group that Obama would need to pass universal health care. Health care advocates also haven't forgotten Bredesen's decision to cut about 170,000 adults from Tennessee's expanded Medicaid program.

Opposition research has been circulated that outline that 2005 decision, and also highlights the fact that BlueCross BlueShield of Tennessee, a company with major state dealings, donated $150,000 to the renovation of the governor's mansion.

In contrast, advocacy groups see Sebelius' eight year tenure as insurance commissioner as a significant asset to her candidacy.

Daschle's withdrawal last week after paying $100,000 in back taxes for a limo service given to him by a friend and Democratic donor left Obama with no clear backup plan. Daschle had already installed much of his staff. He was going to wear two hats: He was also named director of a new White House Office of Health Reform, and planned to shuttle between his two offices. Now that his nomination has been withdrawn, the White House half of the job could go to someone else if it is retained.

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Jerry Lewis "Humanitarian" Award Update, and How Harriet McBryde Johnson is Still Part of the Action

Source: www.thetroublewithjerry.net

Petition: Over 2500 individuals have signed the petition calling on the Motion Picture Academy to cancel its plans to give Jerry Lewis a humanitarian award. Read and sign the petition.

Supporting Organizations: Many national and state organizations, including the American AAPD and DREDF, have endorsed the letter from The Trouble with Jerry campaign to the Motion Picture Academy. See the complete list of organizational supporters. If your organization wants to endorse the letter and the campaign, please send an e-mail to info@TheTroubleWithJerry.com.

Protests: Hollywood will see protests during the days leading up to the February 22 Oscar Awards ceremony. For more information, e-mail info@thetroublewithjerry.com.

Editor's Note: I was reviewing the signatories of the petition last week and was stopped dead in my tracks by # 1220. The name: Peter Singer; Princeton, NJ. Peter Singer is a philosopher at Princeton who advocates "mercy killing" for babies with disabilities. Harriet McBryde Johnson, a hero of our movement, went toe-to-toe with him on this issue for several years. Singer's comment read only "For Harriet McBryde Johnson". I'd like to take this opportunity to remember Harriet McBryde Johnson's work and thank all of the advocates carrying the torch. This should serve as a reminder that the work we do every day has larger consequences than we can sometimes see. - Eleanor

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Findings of Most Extensive Employer Survey on People with Disabilities Released

Source: Environment, Health, and Safety Today

The U.S. Department of Labor's Office of Disability Employment Policy (ODEP) has released the Survey of Employer Perspectives on the Employment of People with Disabilities, the most extensive survey in history of employers' actions and attitudes toward employing people with disabilities.

The report, available at http://www.dol.gov/odep, also makes a "business case" for the value of hiring and retaining employees with disabilities.

The survey of 3,797 companies statistically represents more than 2.4 million companies nationwide was conducted by CESSI, a division of Axiom Resource Management Inc. It found that a majority of large businesses are hiring people with disabilities and discovering that costs for accommodations differ very little from those for the general employee population. Additionally, the survey showed that once an employer hires one person with a disability, it is much more likely that employer will hire other people with disabilities.

"This research shows us the pathway for workers with disabilities to enter and succeed in the workplace," said ODEP Assistant Secretary Neil Romano. "Employers consistently discover that hiring and retaining people with disabilities helps their bottom line, and our efforts at the Department of Labor to educate businesses on this fact are paying off for workers."

The survey did reveal some resistance among businesses to viewing people with disabilities as able to advance up the corporate ladder.

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Micah Fialka-Feldman's Fight to Live in the Oakland University Dorms Denied by Court, His Struggle Continues

Source: Micah Fialka-Feldman, Andrew Bashi, and OU Friends for Inclusive Education

On February 5, 2009, District Federal Court Judge Duggan denied Micah Fialka-Feldman's Motion for a Preliminary Injunction.� The Judge ruled in favor of Oakland University.� This is only a set back but not the end.� As Micah says: "If I give up, most things won't change here. The spirit of Harriet Tubman encourages me to 'keep going'."

Micah plans to continue to fight within the legal system and also plans to creatively urge the university administration to create a dormitory opportunity for students in the Options Program.�� It makes no sense that there are currently empty dormitory rooms, and the university continues with an outdated and discriminatory policy.�� The Judge is currently stating that the University does not have the responsibility to modify its housing policy based upon Micah's cognitive disability.� We continue to disagree.�

The University has hired Butzel Long Law firm and currently spending tens of thousands of dollars of tax payer money to exclude Micah and people with intellectual disabilities.� Is this how Oakland University should spend our tax money?

Please join us at the next Board of Trustee meeting on April 1, 2009 and spread the word to your friends, websites, email lists and blogs.� For continued updates go to http://www.throughthesamedoor,com/ http://www.throughthesamedoor,com/">www.throughthesamedoor.com. We welcome your ideas to get national media coverage.

Send comments and letters to:

Detroit Free Press:� ZLATI MEYER at 313-223-4439 or meyer@freepress.com
The Detroit News:� Marisa Schultz at (313) 222-2310 or mschultz@detnews.com.
The Oakland Press: Alan Adler at� allan.adler@oakpress.com
Governor Jennifer M Granholm: P.O. Box 30013 / Lansing, Michigan 48909; 517.373.3400.

3) State News

Texas SILC to Ask Legislature for More Centers for Independent Living

Through the Legislative Appropriations Request prepared by DARS, (the Department of Assistive and Rehabilitative Services), the State Independent Living Council has paved the way to request funding for the establishment of three additional Centers for Independent Living, (CILs), in Texas. DARS has included an Exceptional Item in its proposed budget that would provide $1,500,000 over the two-year biennium for this purpose. The SILC has identified five priority areas that are currently unserved by a CIL and has conducted public hearings in each to obtain input from the community regarding unmet needs of residents with disabilities. These areas are: Collin County, Galveston County, College Station, Tom Green County, and Sherman/Dennison.

As more Texans with disabilities are leaving nursing facilities and state schools, the need for community-based services has become increasingly essential. Centers for Independent Living are designed to aid consumers in developing a personal infrastructure for independence. The SILC will represent this request before the House Appropriations and Senate Finance committees. Stakeholders, consumers, family members and all others recognizing the importance of adding to the network of CILs in Texas are urged to contact legislators and request support for this funding request. For additional information, contact SILC executive director, Regina Blye, by phone at (877) 371-7353 or by email at: admin@txsilc.org.

ABIL's Disability Empowerment Center Hosts Grand Opening

Join the Arizona Bridge to Independent Living for the Grand Opening of the Disability Empowerment Center Thursday, February 19, 2009; 4:30 p.m. - 7:30 p.m. The event will feature an Opening Ceremony and Hosted Reception.

The center is a universally designed, accessible, and transit-oriented non-profit resource to serve the disability community. It features fully accessible administrative office space, meeting rooms, event space, a cafeteria and kitchen, computer lab and resource center.

The 62,000-square-foot facility is home to ABIL, Arizona Center for Disability Law, Raising Special Kids, Arizona Chapter of the National Multiple Sclerosis Society, Joni & Friends, Statewide Independent Living Council, Arizona Autism United, Arizona Spinal Cord Injury Association, Valley Center of the Deaf, and PRN Medical Services Inc.

RSVP to 602-443-0735 by February 12, 2009. Address: 5025 East Washington Street; Phoenix, Arizona 85034-2005.

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4) Announcements and Additional Resources

MTV Launches "News" Program Hosted by People with Disabilities

Source: Washington Post

"How's Your News?" lets reporters with Down syndrome, Williams syndrome and other mental and physical challenges josh around with Hollywood stars. Groups once stigmatized can try to shed the stigma by morphing into a subculture or a "community," or, if politically oriented, a movement.

It's happening or has happened with old people, fat people, transsexuals and countless others. In that spirit, MTV's new ""How's Your News?" show can be seen not as exploitation of people who have mental disabilities but rather as the expression of a subculture that has much to contribute to the mainstream but never had much of an opportunity.

"Can be" is the operative phrase, because some people might still see the half-hour program -premiering Sunday night - as some sort of condescending abuse, especially because the executive producers are Matt Stone and Trey Parker, the smart-alecky pair who turned children into foulmouthed cynics with their callous "South Park" cartoon. But "How's Your News?" is clearly not in the "South Park" vein; it's upbeat and moving and the disabled or disadvantaged people who star in the program appear to exert enough control over the content to dispel charges that they're being used. Read More.

Editor's Note: I watched the program last night and enjoyed most of the humor, which seemed to be developed by the hosts themselves. The cast was very likeable and could help dispel negative stereotypes. The content, however, is more focused on entertainment than actual news. I would like to see the cast cover disability politics! - Eleanor

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Weekly Advocacy Monitor (WhAM!) Advertising Now Available

The National Council on Independent Living is excited to announce a new advertising opportunity for your organization or business to show your support for NCIL and market your programs, products and services to thousands of NCIL members, employers, disability leaders, Independent Living advocates, and members of Congress.�

NCIL has begun accepting advertisements for our Weekly Advocacy Monitor (WhAM!).� The WhAM! is an e-newsletter sent to all NCIL members, which focuses on national and statewide news, events, and public policy priorities of the Independent Living and Disability Rights Movements.�

The NCIL Member rate to be the sole sponsor of the WhAM! is $500 per issue, or just $250 per issue when sponsoring four or more. The non-member rate is $1000 per issue, or $500 per issue when sponsoring four or more. Benefits include:

• 3 x 3.75" advertisement (approximate) in WhAM! email announcement
• 3 x 3.75" advertisement in WhAM!, archived on ncil.org website
• Link from advertisements to your website

Copy ready art (.JPG, .GIF or .TIF format) for the WhAM! must be submitted by 12:00 noon, the Wednesday before publication.� Word, Publisher, or PDF files will also be accepted.� However, files in these formats must be submitted by 12:00 noon, the Monday before publication and may be charged an extra design fee.� Contact Eleanor at eleanor@ncil.org for suggestions on the best way to submit your advertisement.

Advertisements are�accepted on a space available, first-come, first-served�basis.� Sponsorship is�subject to NCIL's gift acceptance policy.� To advertise in the WhAM!, or if you have any questions, please do not hesitate to contact Justin Chappell by email at justin@ncil.org.