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Rene Thivierge
TheDisability Law & Policy Newsletter is a monthly publication that aims to inform disability advocates, scholars, and service providers of the most current issues in disability law, policy, research, best practices, and breaking news.
Certain disabilities are immediately apparent, while others referred to as "invisible" disabilities are not. Common invisible disabilities include learning disabilities, many mental health impairments, and health conditions. For instance, Carly Medosch (age 33) was recently diagnosed with fibromyalgia, which leaves her with intense fatigue and full-body chronic pain. She says that she is able to pass as a healthy and normal person. For example, bending down to retrieve something can take a lot out of her, which is not apparent to observers.
People with invisible disabilities face unique challenges in society and employment. Doubt and accusations sometimes arise against those with invisible disabilities when requesting accommodations. It is estimated that the number of Americans with an invisible disability reaches into the millions. Between 2005 and 2010, invisible disabilities were the most commonly named conditions in disability discrimination charges filed with the Equal Employment Opportunity Commission.
The Equal Employment Opportunity Commission (EEOC) brought suit against PAM Transport, Inc., (PAM) alleging violation of the ADA. The lawsuit alleged that PAM subjected its truck driving employees to overly broad medical inquiries. PAM's medical clearance policy required all drivers to notify them whenever the driver had any contact with a medical professional. The court ordered PAM to change its policy to require notice only when contact with a medical professional is job-related and consistent with business necessity.
Anne Marie Phillips, a Californian woman with celiac disease, filed a lawsuit against P.F. Chang's alleging violation of the California civil rights law and the ADA. Her complaint alleges that P.F. Chang's has been charging her and similarly situated individuals a $1.00 surcharge when ordering from the gluten-free menu, and that items with identical ingredients on both menus cost a $1.00 more on the gluten-free menu.
Under the ADA a surcharge may not be charged to persons with disabilities to cover costs of reasonable modifications, including special foods to meet particular dietary needs. However, the ADA requires a restaurant to provide special foods for patrons with disabilities only if it usually makes such special orders on request in the course of business and the goods can be easily obtained from their suppliers.
Under the Individuals with Disabilities Education Act (IDEA) states are required to have policies and procedures to prevent overidentification or disproportionate representation by race and ethnicity of students receiving special education services. Additionally, states are tasked with determining when overidentification occurs and is significant. When it is determined that a district has overidentified students in specific racial or ethnic groups for special education services, 15% of the federal money the district receives must be used on programs in grades K-3 designed to prevent overidentification.
States have substantially different standards for determining whether a racial or ethnic group is being overidentified. Louisiana, for instance, in the 2011-12 school year flagged 104 school districts (one third of all districts flagged in the country) for overidentification of students having disabilities by race and ethnicity. In Louisiana, if students of any racial or ethnic group are identified as having a disability at a rate twice as high as students in a different group any given year, the district is flagged for overidentification. In contrast, the standard in Nebraska is for any group to have an identification rate three times higher than other groups for a two-year period. In the 2010-11 school year, no school district in Nebraska fell within this category.
The National Association of State Directors of Special Education (NASDSE) is concerned about overidentification. While many at NASDSE are in favor of the federal government stepping in and creating a more uniform standard of overidentification, some believe that the No Child Left Behind Act was proof that "one size does not fit all" and federal guidelines may not solve the problem.
A special task force in California has released its plan to overhaul the special education system in the state. The plan stems from continual noncompliance with federal laws throughout the state. One of the key points of the new plan is to emphasize early intervention. Part of the plan would equalize state funding at the preschool level for children with disabilities. Currently, these are costs that have been carried by local school districts. The reports states that the funding now in early intervention programs could save billions in future expenses. The task force has been consulting with the state department of finance to determine where the money would come from.
Another emphasis of the plan is increased teacher training in special education. The plan calls for both general and special education teachers to be trained together in areas such as intervention, content standards, and behavioral management. The plan also calls for more professional development for special education aids. Connie Kasari, a professor at UCLA, believes that many of the 14,000 students diagnosed with autism in the Los Angeles school district are in segregated classrooms, not because of an inability to handle the work of a general education class, but because of a lack of preparations among teachers in those classes.
Alternative diplomas provide another means for students with disabilities to graduate high school without receiving a traditional diploma. However, they typically are not accepted by colleges for admission. A new bill in Congress would provide more information to parents of students with disabilities before they agree to have their child pursue an alternative diploma. Under the proposed bill, there would be clear guidelines states must adhere to regarding students who qualify for an alternative diploma. Senator Bob Casey of Pennsylvania introduced the bill. He believes that deciding the educational track of a child is too important a decision to make without all the necessary information.
Alternative assessments are tests based on different academic standards. Often if a student takes these tests he or she may be unable to receive a traditional high school diploma. To avoid that possibility, the bill would assure alternative assessments are only given to students with more severe disabilities. It would call on IEP teams to consider testing annually on a subject to subject basis. The legislation also calls for school districts to be clearer in reporting the number of students who are taking alternative assessments.
A group of educators and lawmakers in Connecticut are hoping to pass legislation to increase the training of all teachers in the field of special education. This is part of an effort to help identify students with special needs early so they do not fall behind in their classes. The proposed training would include social-emotional learning, assistive technology, differentiated instruction, and cultural competency. However, critics are concerned this increased training may lead to fewer students with disabilities being identified, because teachers will try to teach the kids on their own without a proper evaluation.
In Utah, a bill has passed in the House that would increase the salaries of special education teachers. Under the proposed law, teachers of special education, as well as science, engineering, and math, would make $4,100 more than teachers in other subjects. Brad Last, a sponsor of the bill, wants to recognize the opportunities for teachers with specific training. Those in opposition to the bill claim that there are teacher shortages throughout the state in all subjects, so no one area should receive more funding than others.
Full Story: David Desroches, Lawmakers and Educators Seek More Special Education Training for All Connecticut Teachers, WNPR News, Mar. 3, 2015, available at
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Since December 30, 2014, the Federal Communications Commission (FCC) has maintained a database that lists the 911 call centers that support text-to-911 services. These centers are also known as public safety answering points (PSAPs). The registry includes the PSAP name, state, county, and city and is downloadable from the "9-1-1 Master PSAP Registry" link below. The FCC most recently updated this list on March 9, 2015.
The PSAPs are intended to operate without major disruption during emergency situations including natural disasters. The FCC uses PSAPs to implement its guidelines for emergency preparation, response, and recovery.
David Hayden, an alum of Arizona State University, demonstrated that the best technologies are those that engage the user in the design and development process. He illustrated this point when he helped the school's researchers develop technology that would help him access the blackboard in his classes. David has a visual impairment and needed assistance taking notes and seeing the blackboard in class. He helped develop an application that allowed him to view the blackboard on half of his mobile tablet while using a "notes" interface on the other half of the screen. Then he was able to link sections of the notes to the frames in the video. Dubbed the "Note-Taker," the app enabled David to better access information in class. David is now manufacturing his Note-Taker prototype to be used by others.
A recent study led by Oregon State University researcher Gloria Krahn, found that people with disabilities are at a substantially higher risk for poor health outcomes that are avoidable. The study concluded that people with disabilities are two and half times more likely to report that they didn't get access to health care because of cost. Women with disabilities are less likely to have up to date mammograms. Tracking people with disabilities as they move through the health care system was also cited as a problem.
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