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AUTISM FIRST STEPS
AUTISM DAILY NEWSLETTER
Friday January 11, 2002
INDEX:
* New Ambassador Offical
Notification
* $17.2 Million Increase Cal. Autism Treatment, M.I.N.D. Not Cut
* Money for Autism Only Allowed Increase in New Jersey Budget
* NATIONAL COUNCIL ON DISABILITY DEEPLY TROUBLED BY
SUPREME COURT RULING LIMITING SCOPE OF DISABILITY LAW
* President's Commission Excellence in Special Education
* 'An Absurd Way to Apply a Civil R ights Law'
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United
States Autism Ambassador Offical Press Release:
New State Autism Ambassadors Announced
WHERE AS, a result of Autism,
an estimated over 500,000 individuals in the United States have lost the
ability to communicate and interact with others; And
WHERE AS, Parents and professionals have requested a new position of an
United States Autism Ambassador to act as a liaison for the best interest of
individuals with Autism Spectrum Disorders and was nominated by the people; And
WHERE AS, This year it has been determined that 1 out of every 53 babies born
daily in the United States would in later years be diagnosed with one of the
Autism Spectrum Disorders. In Iowa we have over 4,000-5,000 Individuals with
autism; And,
WHERE AS, Dr Marie Bristol-Powers from the National Institute of Child Health
and Human Development stated that in more recent studies, the prevalence in
much higher and now 1% and that autism spectrum disorders is not rare. In fact
it is a pressing health problem; And,
WHERE AS, the recently released Center for Disease Control and Prevention
report found that autism spectrum disorders occurred 1 in every 150
individuals; And,
WHERE AS, at the recent International Meeting For Autism Research Conference,
noted autism epidemiologist Dr. Eric Fombonne stated that the prevalence of
autism is now 1-147, and further showed that the prevalence of autism has
increased between 600% and 3400%; And,
WHERE AS, according to the National Center for Educational Statistics,
enrollment will be 55.9 million by the year 2005. At least 800,000 educational
personal will be needed to serve these students; And,
WHERE AS, today Autism Spectrum Disorders is more common then Downs Syndrome,
Diabetes, Muscular Dystrophy, Cystic Fibrosis, and many forms of Childhood
Cancer; And,
WHERE AS, Professionals and Organizations worldwide are working together in one
great effort to raise awareness, diagnostic, treatment, therapy, and
educational options, resources, support, and legislation; And,
WHERE AS, caring for people with autism costs more than $13 billion per year,
and the majority of these costs are borne by the families of individuals with
autism. These parents have sacrificed tremendously to provide the specialized
treatments, specialized training, education, and support services that their
children need; And,
WHERE AS, even sadder is the fact that 40-48% of the individuals around the
world with autism spectrum disorders never receives the current diagnosis,
waivers, resources, or support they need. These individuals slip silently into
the cracks; And,
WHERE AS, there is hope and in 2001-2002 Legislators, State Ambassadors, US
Ambassadors, Autism Council, and many other Autism Organizations are in each
state working for better services, resources, and programs for families and
individuals with autism spectrum disorders. In the 2001-2002 legislative session
we are taking a progressive and pragmatic approach on autism related issues;
And,
WHERE AS, the United States Autism Ambassador shall establish and administer
the State Autism Ambassador Program. It shall be the function of the US Autism
Ambassador to act as a liaison to The State Ambassadors to help them fulfill
their duties as state autism Ambassador in the state that they reside in. The
United States Autism Ambassador will administer and implement the Autism First
Steps Autism Action Plan, so we as a United States will be prepared for the
increases of individuals with autism in future years; And,
WHERE AS, requests for State Autism Ambassador positions have been applied for
in Maryland and Co- Autism Ambassador for Michigan. They were approved by the
LD Wedewer, US Autism Ambassador and voted on unanoiusly by the Board of
Directors to be inducted into these positions to work in their resideing
states; And.
WHERE AS, we as a nation will be ready for the increases of the population with
autism spectrum disorders with an autism action plan; And,
WHERE AS, As a State Ambassador each person will have many duties to perform
and execute ranging from awareness, legislative, media, guest speaking on
occasion, Implement the First Steps Autism Action Plan and Programs, and more.
Each state Ambassador will work closely with the United States Ambassador and
Co-Ambassador, Autism Council, and Legislators, Educators, Medical
Professionals, and General Public; And,
THEREFORE, be it known that I the United States Autism Ambassador charge the
position of the State Autism Ambassador to Gloria Gigliotti, Maryland Autism
Ambassador; And,
THEREFORE, be it known that I the United States Autism Ambassador charge the
position of the State Autism Co-Ambassador to Cecelia Hammond, Michigan
Autism CO-Ambassador; And,
THEREFORE,
be it further known that These Individuals will be known from this day forward
as State Autism Ambassadors, and is further charged with the duties and
obligations of the State Autism Ambassadors; And,
THEREFORE, be it known that These Individuals have Accepted these positions
from this day forward; And,
NOW THEREFORE, LD
Wedewer, United States Autism Ambassador DO HEREBY PROCLAIM THAT THE DUTIES AND
OBLIGATIONS OF THE STATE AUTISM AMBASSADORS ARE BESTOWED UPON THE ABOVE
NAMED INDIVIDUALS FROM THIS DAY FORWARD AND THAT EACH INDIVIDUAL AMBASSADOR
WILL TAKE A PROGRESSIVE AND PRAGMATIC APPROACH TO ISSUES RELATED TO AUTISM
WITHIN THEIR STATE.
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$17.2 Million Increase Cal. Autism Treatment,
M.I.N.D. Not Cut
This report comes from Rick Rollens, autism
research advocated.
Governor Gray Davis of California today announced
that, despite a
record $14 Billion budget shortfall, he has included in the upcoming
2002-2003 State Budget $17.2 million General Fund increase to maintain
services for consumers diagnosed with autism.
The number of autism diagnoses is increasing
steadily. The development of effective behavioral and educational programs
demonstrates that early intervention leads to measurable improvement in many
children with autism.
With early, intensive, and comprehensive treatment, many children diagnosed
with autism can go on to lead more normal lives.
Also, Governor Davis is not proposing any reductions in the current
onging budget of the M.I.N.D. Institute. The M.I.N.D. Institute is one of the
fortunate few programs not to be touched by the budget cut axe.
We are forever grateful to Governor Davis for his
consistant support
of autism in both good times and bad. He clearly has demonstrated time and
again that is truly is the "Autism Governor" of America, Our efforts
on behalf of our children continue to move funding for research, treatment, and
care forward..And most importantly are giving parents throughout the world hope
for their children's future.
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Money for Autism Only Allowed Increase in New
Jersey Budget
[From a report by Bruno Tedeschi in the Bergen
Record.]
On his last full day in office Monday, acting
Gov. Donald T.
DiFrancesco of New Jersey, signed 35 bills and vetoed or modified nine
others, cutting some $130 million in proposed spending. Of the 35 bills
he
signed, only one spent additional money. That bill provides $1.5 million for
researching and treating infantile autism.
The money was raised due to the grass roots
efforts lead by New Jersey
autism researcher and advocate Sallie Bernard, along with Albert Enayati and
others.
In the face of an economic downturn and state
budget shortfalls, money
for autism research and treatment is being made available in two states with
large autism populations.
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NATIONAL
COUNCIL ON DISABILITY DEEPLY TROUBLED BY
SUPREME COURT RULING LIMITING SCOPE OF DISABILITY LAW
WASHINGTON--The National Council on Disability is deeply troubled by today's
Supreme Court ruling in Toyota Motor Manufacturing, Kentucky, Inc. v. Ella
Williams (No. 00-1989), in which the Court once again narrowed the scope of the
Americans with Disabilities Act (ADA) in a manner inconsistent with Congress
and the American people's intent in its enactment.
According to NCD chairperson Marca Bristo, "Today's Supreme Court decision
would prevent many individuals whom Congress intended ADA to cover from
receiving its protection that they may need to secure and maintain
employment."
In the ruling, the Court said that an assembly line worker with carpal tunnel
syndrome was not entitled to special treatment on the job under ADA. Although
the ruling does not mean that a person with carpal tunnel syndrome or other
partial disabilities is automatically excluded from ADA protection, it will
make it harder to prove such claims. It raises the specter of still more
individuals being barred from protections against exclusion that ADA was
intended to provide.
In a unanimous decision, the Supreme Court ruled today that the proper standard
for demonstrating "a substantial limitation in the major life activity of
performing manual tasks" is whether or not the impairment prevents or
restricts performing manual tasks that are "of central importance to most
people's daily lives" and has "permanent or long-term" impact.
The Court found that being limited in performing a "class of manual
activities", (i.e., activities affecting the ability to perform specific
manual tasks at work) is an insufficient standard for meeting the definition of
a qualified individual with a disability under ADA.
The record reflects that Ms. Williams is significantly restricted in performing
a range of manual activities across both her personal and her work life. Since
1992, her manual activity involving repetitive activity, lifting, and overhead
work has been permanently restricted. Daily pain and discomfort significantly
restricted her ability to engage in a range of other manual activities.
"Substantially limited," according to the Equal Employment
Opportunity Commission's (EEOC) regulatory definition, means restricted
"in the manner, condition and duration under which the major life activity
is performed in comparison to the average person." There is simply no
plausible basis for concluding that Ms. Williams is not significantly
restricted as compared to the "average person". The notion that, in order
to be deemed "disabled" under ADA, she must be severely restricted in
performing manual tasks of central importance to most people's daily lives
invokes a misguided notion about ADA. It suggests that people must be
"truly disabled," i.e., visibly and functionally unable to perform in
certain specific, socially expected ways before they are entitled to the
protection of law. Consistent with Congress' intent, ADA and the EEOC
regulations were designed to protect people with disabilities who have the talent,
skills, abilities, and desire to participate actively in society but are
precluded from doing so because of the refusal or failure to make reasonable
accommodations.
NCD's amicus brief can be found at http://www.ncd.gov/newsroom/publications/toyota_amicus.html.
For more information, contact Mark S. Quigley at 202-272-2008 , Jeff Rosen at
202-272-2124, or Kathleen Blank at 202-272-2019.
Note: NCD is an independent federal agency making recommendations to the
President and Congress on disability policy. NCD first proposed and then
drafted the original Americans with Disabilities Act (ADA). Currently, NCD is
coordinating a multi-year study on the implementation and enforcement of ADA,
the Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act
of 1973, and other civil rights laws.
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DEPARTMENT
OF EDUCATION
President's Commission Excellence in Special
Education
AGENCY: President's Commission on Excellence in Special Education,
Department of Education.
ACTION: Notice of public meeting.
SUMMARY: This notice provides the location of the first meeting of the
President's Commission on Excellence in Special Education (Commission).
This is a subsequent notice about the Commission meeting first
published on December 19, 2001, in the Federal Register, Vol. 66, No.
244 on page 65473. Notice of this meeting is required under section
10(a)(2) of the Federal Advisory Committee Act in order to notify the
public of their opportunity to attend. Members of the general public
may observe and listen to Commission proceedings via live feed
television at the Hotel Washington. The Commission will not receive
comments from the general public at this meeting, but any member of the
public is permitted to file a written statement with the Commission.
Subsequent Commission meetings and hearings will be posted on the
Commission's Web site.
DATES AND TIMES: Tuesday, January 15, 2002, from 7:30 a.m.-5 p.m.
Please note this is a revised time.
ADDRESSES: The Commission meeting will be held in Washington, DC, at
the Hotel Washington located at 515 15th Street, NW., Washington, DC
20004.
FOR FURTHER INFORMATION CONTACT: C. Todd Jones, Executive Director, at
202-208-1312 (telephone) or Troy R. Justesen, Deputy Executive
Director, at 202-219-0704 (telephone), (202) 208-1953 (fax),
troy.justesen@ed.gov (E-mail) or via the Commission's Web site address
at: http://www.ed.gov/inits/commissionsboards/whspecialeducation/
sitemap.html
SUPPLEMENTARY INFORMATION: The Commission was established under
Executive Order 13227 (October 2, 2001) to collect information and
study issues Related to Federal, State, and local special education
programs with the goal of recommending policies for improving the
educational performance of students with disabilities. In furtherance
of its duties, the Commission shall invite experts and members of the
public to provide information and guidance. The Commission shall
prepare and submit a report to the President outlining its findings and
recommendations.
At the January meeting, the Commission will discuss current
and
future activities. Specifically, the Commission will focus on planning
future Commission meetings and hearings to be held in locations across
the nation.
Individuals who will need accommodations for a disability in
order
to attend the meeting (i.e., interpreting services, assistive listening
devices, materials in alternative formats) should notify Troy R.
Justesen, at (202) 219-0704, by no later than January 8, 2002. We will
attempt to meet requests after this date, but cannot guarantee
availability of the requested accommodation. The meeting site will be
accessible to individuals with mobility impairments, including those
who use wheelchairs.
Records of all Commission proceedings are available for
public
inspection at the President's Commission on Excellence in Special
Education, 80 F Street, N.W., Suite 408; Washington, DC 20208 from 9
a.m. to 5 p.m. (EST).
Dated: January 4, 2002.
C. Todd Jones,
Executive Director & Delegated Functions of Assistant Secretary for
Office for Civil Rights.
[FR Doc. 02-594 Filed 1-9-02; 8:45 am]
BILLING CODE 4000-01-M
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'An Absurd Way to Apply a Civil R ights Law'
From Ragged Edge Magazine.....
Dave Leshtz
Jan. 9, 2002 -- The U.S. Supreme Court on Jan. 8 said that Ella Williams'
carpal tunnel syndrome isn't enough of a disability to allow her to use the
Americans with Disabilities Act. The law was intended to protect people like
Williams, insist disability rights experts.
"The Williams case is just another in a line of cases where the Supreme
Court has constricted the scope of coverage under the ADA," says
Georgetown
University Law School's Chai Feldblum
<http://www.accessiblesociety.org/topics/ada/williams2.htm> . "When
Congress
passed the ADA it intended to cover people with a range of medical
conditions, including things like carpal tunnel syndrome," she insisted.
"The hornet's nest Ella Williams got caught up in has to do the fact that
the ADA's definitions are vulnerable to restrictive readings" -- and the
court has done that over and over. "What the courts have said is that
because a person's "impairment" does not 'substantially limit' enough
of a
'major life activity,' then they're not disabled under the law. "It's an
absurd way to apply a civil rights law," says Feldblum, "but it's the
reality of where we are today."
The National Council on Disability's Kathleen Blank told the Washington Post
the ruling "is going to give employers a lot of confidence that they can
challenge workers on whether they are disabled" and would "embolden
employers who are already disinclined to make accommodations" for workers
who have disabilities.
Disability rights experts disagree with Toyota General Counsel Patrick
Nepute's statement that the Court had applied the law ''the way Congress
originally intended.'' The Justices' interpretation of who's
"disabled" is
cutting "large numbers of people with significant disabilities out of the
law's protection in a way the people who wrote the law would never have
dreamed would happen," says Fordham University law professor Matthew
Diller
<http://www.accessiblesociety.org/topics/ada/williams2.htm> . "Everyone
working on the ADA in Congress envisioned a much larger group" of people
than the Supreme Court sees as being covered by the law, Harvard Law
School's Sam Bagenstos agreed.
"It is insufficient for individuals attempting to prove disability status
under this test to merely submit evidence of a medical diagnosis of an
impairment," Justice Sandra Day O'Connor wrote in the 18-page opinion.
During the oral arguments in the Williams case, O'Connor insisted that the
ADA law was supposed to focus on the "wheelchair bound," not
"carpal tunnel
syndrome or bad backs!"
O'Connor "clearly misunderstands the intent of the statute; she has a
paternalistic, stereotypical perspective," says Ohio State University's
Ruth
Colker <http://www.accessiblesociety.org/topics/ada/williams2.htm> .
Perhaps
O'Connor intentionally misunderstands the law, Colker suggests.
Colker says O'Connor's use of "wheelchair bound" is no different than
if she
were to refer to women as "girls". But O'Connor's language is just
the tip
of the iceberg. The real problem is what Colker calls "judicial
backlash":
"the business community has free rein," she says. "We usually
have a system
of checks and balances," says Colker, who holds the Constitutional Law
chair
at Ohio State University School of Law. "If the legislature is
conservative,
the courts are liberal.
"But right now all three branches of government -- executive, legislative
and judicial -- are tilted in the same direction -- to the right. The
legislative branch has resisted revisiting the ADA; we have no backstop. The
business community has a completely free wheel to take an anti-employee
perspective." She calls it "a one-way ratchet."
A well funded and active group of employers' attorneys "is bent on
limiting
protections offered by the ADA," says Bagenstos. And while disability
rights
organizations have been involved in these cases, their financial resources
cannot begin to match the deep pockets of the legal community that
represents the nation's employers.
The Bush administration, too, has consistently backed business at the
expense of the disabled worker. "In case after case, the Bush
Administration
has filed briefs taking the side against people with disabilities," says
Bagenstos. The president "has a lot of explaining to do if he wants to say
he's on the side of people with disabilities."
David Leshtz
Office of Community Education
Center for Disabilities and Development
www.DisabilityTraining.org <http://www.DisabilityTraining.org>
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