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---------------------------------------------------------------------- (3) Tue 2 Mar 93 12:56p By: Gordon Gillesby To: All Re: ANOTHER ADA SUMMARY 1/2 ---------------------------------------------------------------------- ACCESS TO PUBLIC ACCOMMODATIONS - A MOVE TOWARD EQUALITY by John Zbiegien The Americans with Disabilities Act, has been heralded as landmark legislation that will correct the exclusion and segregation suffered by disabled individuals. It seems Congress understood that these lofty goals could only be achieved by enacting comprehensive civil rights protection aimed at eradicating discrimination at its very core. - Disability Defined - Under the ADA, persons with disabilities are protected against discrimination in the areas of employment, public accommodations, government services and telecommunications. An individual with a disability is defined as a person with "a physical or mental impairment that substantially limits one or more major life activities", has "a record of such an impairment" or is "regarded as having such an impairment". This definition prohibits discrimination against a person who has a qualifying impairment, has had such an impairment in the past or is believed to have an impairment, even if that belief is erroneous. To substantially limit a major life activity, the impairment must affect the person's ability to care for herself, perform manual tasks, or engage in such basic activities as walking, hearing, speaking, seeing, breathing, learning or working. A person may also be disabled, within the meaning of the law, if there is a past history of an impairment. A former cancer patient would qualify under this definition. Under the last portion of the definition, an individual may satisfy the disability requirement, without actually having a disability, based on the beliefs of others. Satisfaction of any one of these requirements is sufficient to qualify an individual as disabled under the law. - Discrimination in Public Accommodations - The public accommodation provisions of the ADA prohibit discrimination "In the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation". Simply stated, a public accommodation cannot deny a disabled individual the opportunity to purchase goods and services or make use of a facility in a way that is different from that provided to other individuals. To the extent required to ensure equal opportunity, goods and services must also be offered in an integrated setting "appropriate to the needs of the individual". Public accommodations include such obvious places as hotels, restaurants, theaters, grocery stores, museums, libraries, health clubs, hospitals and zoos. Less obvious, but specifically included are such businesses as laundromats, funeral parlors, gas stations, pharmacies, dry cleaners, shoe repair services, day care centers and private schools. This list is not exhaustive and many other businesses are also covered under the law's general categories. individual - Barrier Removal - One of the most significant aspects of the ADA is the requirement that existing public accommodations must take affirmative action to remove architectural barriers to make their facilities accessible to and usable by, disabled individuals. Examples of barrier removal include installing ramps, providing curb cuts at sidewalks and entrances, widening doors, increasing the size of toilet stalls and installing grab bars, re-positioning paper towel dispensers, lowering telephones and providing accessible parking spaces. The obligation to remove barriers, however, is not unlimited. If a public accommodation can establish that the removal of a given barrier is "not readily achievable", the removal is not required under the law. The cost of the barrier removal required as well as the public accommodations financial resources must be considered in determining what is "readily achievable". Even if the public accommodation can show that barrier removal is not required, it still has a duty to make its goods and services available through alternative methods, if those methods are readily achievable. Examples of appropriate alternatives to barrier removal include such things as home delivery and curb side service. A public accommodation must also make modifications to its business "policies, practices or procedures", when those modifications are necessary to provide goods or services to individuals with disabilities, unless doing so would "fundamentally alter the nature" of the goods and services. For instance, a theater is required to institute a policy of handling the wheelchairs of patrons that transfer to fixed seating, while a department store may need to modify a policy of allowing only one person in a changing room at a time if a disabled person needs assistance in dressing. In an effort to communicate effectively with clients or customers that have hearing, speech or vision related disabilities, the ADA requires that a public accommodation provide "auxiliary aids or services", such as interpreters, assistive listening devices, telephone handset amplifiers, open and closed captioning, telecommunication handset amplifiers, open and closed captioning, telecommunication devices for the deaf and videotext displays. The obligation to provide "auxiliary aids or services" is suspended if the public accommodation can show that doing so would "fundamentally alter the nature of the goods" or services or result in "significant difficulty or expense". Nothing in the ADA requires a public accommodation to provide its customers with personal devices such as "wheelchairs, prescription eyeglasses or hearing aids or services of a personal nature including assistance in eating, toileting, or dressing". Public accommodations are urged to pursue their barrier removal efforts pursuant to the priority scheme established by law. First priority should be given to providing access to the facility by "installing an entrance ramp, widening entrances, and providing accessible parking spaces". A public accommodation should then take appropriate action to provide access to the goods and services it provides as well as its restroom facilities. - Enforcement - An individual discriminated against by a public accommodation's failure to remove architectural barriers may bring a civil action for corrective relief. This relief shall include a court order to alter the facilities as necessary to make them "accessible to and usable by individuals with disabilities to the extent required by the Act". When necessary, the order will also include the provision of auxiliary aids or services, modification of policies or procedures, or the provision of alternative methods of making goods and services available. The ADA also authorizes a person, who has reasonable grounds to believe he or she is about to be discriminated against by a public accommodation, to "prevent construction of facilities with architectural barriers". The intent of this portion of the law, is to require new facilities "designed and constructed for first occupancy after January 26, 1993", to be in full compliance with the law. By allowing action to be taken against facilities at the construction stage, Congress hoped to "avoid the necessity of costly retro-fitting that might be required if suits were not permitted until after tile facilities were completed". The cost of bringing suit against a public accommodation for disability discrimination, is usually assessed against the discriminating party. The ADA specifically authorizes an award of attorneys fees and litigation costs in private suits, to the prevailing party. An aggrieved person may also file a complaint with the office of the U.S. Attorney General. Under the ADA, the Attorney General is directed to investigate violations of the law and may commence a civil action against a public accommodation that discriminates, for "pattern and practice" violations. However, in order to establish a "pattern and practice" violation, it appears that the evidence must show that the public accommodation is discriminating in a similar manner at multiple locations. The Americans with Disabilities Act has been described as "the world's first comprehensive civil rights law for people with disabilities" and as a "milestone in America's commitment to full and equal opportunity for all of its citizens". But it is the application of these new found rights, that will help to end discrimination, exclusion and segregation and forever dispel the myth that the disabled are not productive, equal members of society. As Senator Harkin so eloquently stated in floor debate over the passage of the ADA, "We have a vision. Dr. King dreamed of an America where a person is judged not by the color of his skin, but by the content of his character". ADA's vision is of an America where persons are judged by their abilities and not on the basis of their disabilities". John Zbiegien in an attorney practicing in ADA law. This article is from Access Press Newspaper and may be reprinted with attribution; letters and submissions are welcome. For more information or to submit material for publication, please contact: ACCESS PRESS 3338 University Avenue S.E. Minneapolis, Minnesota 55414. 612/379-0989 (voice) 612/379-2730 (FAX) * Mental floss prevents moral decay. * Origin: DRAGnet - Disability Resources - (612) 753-1943 (1:282/1007) ---------------------------------------------------------------------- (5) Tue 2 Mar 93 1:04p By: Gordon Gillesby To: All Re: DEALING WITH HEAD INJURIES ---------------------------------------------------------------------- LEARNING TO DEAL WITH BRAIN INJURIES By Marty Cushing & Elinor Hands The recent stories on Sister Kenny Institute's anniversary and the resistance Sister Kenny's innovative treatment for polio met from doctors 50 years ago is a familiar story to those working today with people having brain injuries. It reminds us that sometimes the most effective treatment for a disease or disability develops from the bottom up, with the patient, instead of with the doctor. People with head injuries carry the double burden of learning to adapt to their limitations while facing the preconception that they're incapable of improvement. Imagine having all your current thoughts, awareness and dreams, but being unable to express yourself clearly. Imagine feeling perfectly healthy, until you try to move and your muscles don't properly respond to your wishes. Imagine the frustration and anger of knowing that part of your personality is missing, but not remembering what it was. These are some of the varied challenges that people with brain injuries must learn to deal with. Unlike polio, a vaccine for head injury may never exist, but with the proper rehabilitation, survivors might be capable of full lives. Unfortunately, people with head injuries are too often treated in ways counter-productive to recovery. Treatment for people with damage to their brain was not much of an issue in the past because very few survived. Placing those few survivors into institutions for the remainder of their lives was the usual method of treatment. A person with a head injury was thought to have no hope for an independent life. More often than not, the taxpayer ended up supporting people, many of whom, with the appropriate rehabilitation, were capable of leading self-reliant lives. No two head injuries will affect the brain exactly the same, thus each person must be treated in an individualized manner. Since the ability to communicate or reason also might have been affected, it's more difficult to measure success for people with head injuries. Recovery does not come quickly and fully, as in a movie, but in the painfully slow process of re-learning to talk, dress oneself, or organize and accomplish the many tasks of everyday life. There are many barriers that people with head injuries need to overcome to lead full lives. One is the problem faced by vulnerable adults living in a victimizing world. Other difficulties may take the form of everyday tasks many of us take for granted, such as the basic independent living skills of cooking, cleaning or catching a bus. An additional barrier to recovery for people with brain injuries might be an alcohol or other drug addiction. A person whose life seems hopeless, whose job prospects are bleak and for whom simple tasks seem frustratingly difficult, might find escape in a bottle or needle. While many things changed with the brain injury, the addiction to alcohol must still be treated. The rehabilitation community has learned much from people with brain injuries. We have learned that the brain is remarkably flexible by observing people re-learn lost abilities. We have watched as people with traumatized brains learn to cope with limitations by creating adaptive lifestyles. We've seen people who would have once been institutionalized, rejoin the mainstream of life. If your heart, lungs or limbs were to fail you, your future would not automatically be written off. If, however, your brain is injured, the widespread belief is that your productive life is over. Fortunately, as Sister Kenny knew a half century ago, human beings are a great deal more resilient than some doctors give us credit for. Whether a disability is a limb affected by polio or a brain injured by accident, retraining a muscle or organ can work to return a person to productive life. Like Sister Kenny, those of us who work with people having brain injuries learned that a bit of common sense goes a long way in treating any disability. Perhaps we are finally becoming aware that the worst limitations for people with brain injuries to overcome, are those imposed by society. Many people with brain injuries can do ok for themselves if only given the chance. Marty Cushing is the Executive Director of Vinland and Elinor Hands is the Executive Director of Minnesota Head Injury Association. This article is from Access Press Newspaper and may be reprinted with attribution; letters and submissions are welcome. For more information or to submit material for publication, please contact: ACCESS PRESS 3338 University Avenue S.E. Minneapolis, Minnesota 55414. 612/379-0989 (voice) 612/379-2730 (FAX) * Origin: DRAGnet - Disability Resources - (612) 753-1943 (1:282/1007) ---------------------------------------------------------------------- (7) Tue 2 Mar 93 12:43p By: Gordon Gillesby To: All Re: WELLNESS AND DISABILI 1/2 ---------------------------------------------------------------------- DEFINITION OF "WELLNESS" VARIES WITH EACH INDIVIDUAL by Peg Keller, R.N. Wellness is often described as the absence of disease. But being "disease free" does not mean a person is healthy or well. There are many disease-free people who live life without purpose, joy or an appreciation of simple pleasures. They have self-defeating lifestyles, exercising very little, eating poorly and abusing various substances. They are the helpless victims who define life in terms of what's wrong rather than what's right. On the other hand, there are many people with chronic disease or physical disability who perceive their conditions merely as inconveniences. They look at what they can do rather then what they can't. They are victors, not victims. These people maintain a balanced and healthy lifestyle, and appreciate the value of living deliberately and can identify meaning and purpose in their lives. The goal of wellness is not to have a world without disease, stress or disability, but to believe that the best in each individual will emerge during difficult times. Wellness will provide strength, courage and support to make it through tough times. Wellness is not the end, but a means to continued growth. Wellness is: o identifying a person's individual needs and how to meet them o communicating assertively with others o maintaining adequate nutrition, exercise level and being aware of your body's needs o being involved in projects that have personal meaning to you o creating and cultivating close relationships with others o responding to challenges in life as opportunities to grow o enjoying a sense of well-being even in times of adversity o relating to troublesome physical or emotional symptoms in ways that bring improvement in the condition o trusting your personal resources and inner strengths This list is far from complete. Wellness is one of those vague, trendy terms like "holistic," "love" and "stress" that mean different things to different people. For example, athletes may perceive wellness as being involved in some sort of physical activity twice a day. Psychologists carefully identify and correct self-defeating behaviors, while nutritionists believe that wellness is a balanced diet low in refined sugar, red meat and preservatives. Perfectionists might feel that not making the bed once a week will assure a balanced and healthy life, while alcoholics may abstain from drinking for a day as proof of health. To the dying, wellness may mean a sense of control during their last days. And to those with physical disabilities, wellness may be determined by peace of mind and acceptance of their disability. Because of these many viewpoints, wellness is a puzzle to many people. Our complex technological society defines the human body and health in somewhat mechanical terms. Health is often misidentified as the absence of disease or disability., Unfortunately, this misconception has contributed to the sense of alienation and abandonment experienced by many individuals with chronic health conditions. There have been two basic viewpoints on health and wellness since ancient Greek times. Proponents of the first viewpoint believe that physicians should work actively against disease and illness using the tools available. Proponents of the second viewpoint believe that physicians should cooperate with the natural healing powers of the body, helping patients grow toward health. During the 19th century, two great medical advances were made. One was the discovery of germ theory and the second was the increased use of chemistry. Because of these advances, sterile and painless surgery was made available and diseases like cholera and yellow fever were finally controlled. At this point, the belief that the body had its own healing power was gradually forgotten, replaced by the theory that the mind and body were separate entities. Obviously, individuals with chronic diseases or physical disabilities did not fit this belief. At the turn of the century, one of the fathers of modern medicine, Sir William Osler, stated that, "the care of tuberculosis depends more on what the patient has in his head than what he has in his chest." In other words, it was more important who had the disease than what disease they had. Health professionals have contributed a wealth of information documenting the connection between the mind, nervous system and immune system. In the last few years, there has been a growing body of scientific evidence suggesting that one's attitude toward life, perception of external events and belief system has a profound impact on wellness. Work in this field provides credibility to some of the original views on healing, including the belief in the internal wisdom of the body to heal itself. For example, research has shown that laughter can raise pain thresholds, boost antibodies, reduce stress hormones, relieve tension, increase creativity, promote bonding between people, minimize anxieties and fear, provide exercise, alter mood and generate a state of euphoria and relaxation. A comforting touch has been shown to increase immunity, stabilize the heart and increase pain tolerance, while social isolation and chronic loneliness often contributes to an early death. Other studies prove that how people react to and cope with stress is more important than the stress itself. People who are healthy have a sense of control, find challenges stimulating and have a general commitment to live life fully, despite the stress they face. These people are full of curiosity and are involved in whatever is happening at the moment. They believe they can influence events in their lives and act accordingly. They believe that changes in their lives stimulate personal growth instead of feeling that the status quo is being threatened. Although a certain amount of control is necessary to health, too much control may result in increased stress, which affects health. The challenge of wellness is to redefine adversity in your life, so that the hard times won't seem so bad. The Japanese have a proverb: "In a storm, the bamboo that bends with the wind survives, while the rigid tree falls victim to control." In recent years, medicine has subtly shifted toward rehabilitation. Now health professional think of healing as helping people become whole emotionally, psychologically, socially, spiritually and physically. Rehabilitation maximizes people's physical skills and functions, reducing their physical limitations. In order for this to occur, each individual must be an active partner in their health care team. Wellness is still not an easily defined term. Each person must determine his or her own needs and how they can best be met. Concern for the health and welfare of the whole being will lead to a happier, healthier you. Peg Keller is an R.N. and clinical supervisor for the Chronic Pain Rehabilitation Program at Sister Kenny Institute. To submit questions on medical or rehabilitative issues for future columns, write: Medical Issues/ Disability, Sister Kenny Institute, Dept. 16601, 800 E. 28 St., Mpls, MN 55407 This article is from Access Press Newspaper and may be reprinted with attribution; letters and submissions are welcome. For more information or to submit material for publication, please contact: ACCESS PRESS 3338 University Avenue S.E. Minneapolis, Minnesota 55414. 612/379-0989 (voice) 612/379-2730 (FAX) * Mary had a little lamb, the doctor was surprised. * Origin: DRAGnet - Disability Resources - (612) 753-1943 (1:282/1007) --------------------------------------------------------------------- (64) Wed 17 Mar 93 4:23a By: Arlette Lefebvre To: All Re: Ms breakthrough! ---------------------------------------------------------------------- MS BREAKTHROUGH..........????? ___________________________________ The Medical Post, Toronto, March 9th, page one. By: Susan Weber. STANFORD _ New research in the field of multiple sclerosis is yielding some very provocative results. In separate publications, researchers at Stanford University, Calif., and harvard University in Boston, Mass., report encouraging findings in their investigations of the cause and treatment of this debilitating disease. MS is an inflammatory disease of the central nervous system that destroys the myelin sheath covering neurons. While its cause is essentially unknown, it's thought to be an aoutoimmune disorder, with the body's own T-cells recognizing and destroying the myelin, probably by attacking a protein called myelin basic problem. Stanford researchers, under the direction of Dr. Lawrence Steinman, used polymerase chain reaction technology to look at T-cells from lesions in the brains of 16 MS patients. The technique allows the amplification of tiny amounts of DNA from a sample. In this case, they looked specifically at different tupes of T-cell receptor genes found in the lesions, said Dr. Steinman, professor of Neurology at Stanford. By looking at these receptors, they have been able to identify the specific autoimmune response that may be responsible for the disease. (!!!!!) "When we sequenced the DNA, instead of one different sequence after another sequence, we found a few motifs, and within those motifs were a large class of DNA sequences encoding T-cells that recognized a particular fragment of myelin basic protein," said Dr Steinman in an interview. This particular gene sequence was found in eight of the 16 patients. "The nice thing about this finding- the surprising result- is that it's IDENTICAL to what we and others have observed for the past five or sixyears as the major gene on the white cells in an ANIMAL MODEL of MS. The model is called experimental autoiimune encephalomyelitis, or EAE, and the exciting part is that they and other researchers have already shown a variety of ways to selectively "turn off" thgis disease. Monoclonal antibodies and peptide compounds which block those receptors have already been shown to work "exquisitely" in animals, he said, but it's always been assumed that the human picture would be much more complex. "Now it appears that given the promise of those rodent experiments, there will be a clear path to applying and implementing these procedures in humans, since the human response is so similar.", he said. So, can it be said that they've found the CAUSE of MS? "Well, one could go a little way out on alimb and say quite possibly", said Dr. Steinman, whose results were published in the March 4 issue of NATURE. Also promising are recently published findings from a group under the direction of Dr. Howard Weiner at the Center for Neurologic Diseases at Brigham and Women's Hospital, Harvard University in Boston, Mass. In a pilot trial, these researchers have had encouraging results called oral tolerization in MS patients. The idea is to raise the body's tolerance to the presence of its own myelin proteins by giving the patients bovine myelin protein orally - a sort of oral vaccine. In the Feb. 26 issue of SCIENCE, Dr. Weiner and collegaues reported their findings with this technique in 30 patients with relapsing-remitting MS randomized to receive either daily capsules of bovine myelin or a control protein. After one year, six of the 15 patients in the treatment group had a major exacerbation, as compared with 12 out of 15 in the control group. Counts of T-cells reactive to myelin basic protein were also reduced in the treatment group. They are now planning a multicentre trial, which may include Canadian centres. Au revoir, I hope...? Arlette. * You always pass failure on the way to success. * QNet3 * ADAnet: Ability OnLine - Toronto Canada - 416/650-5411 ---------------------------------------------------------------------- (69) Sat 20 Mar 93 12:18p By: Gordon Gillesby To: All Re: TASK FORCE REPORT END 1/2 ---------------------------------------------------------------------- TASK FORCE REPORT `STRONGLY ENDORSED': INVEST IN TRAINING SYSTEM FOR DIRECT CARE PROVIDERS AND FAMILIES On February 9, 1993, the Minnesota State Board of Technical Colleges "strongly endorsed" the report and recommendations submitted by State Technical College Task Force on Educational Opportunities for Developmental Disabilities Service Providers. The study and report was a result of legislation passed in 1991 that directed the State Board of Technical Colleges and an appointed Task Force to make recommendations for needed changes in both pre-service and continuing education programs for service providers and families. The report documents the need for and the establishment of a statewide, state-of-the-art training/practice system for direct care providers, including families. "The need to establish such a system has been recognized and discussed for the past two decades," the Task Force observed. "In the meantime, persons with developmental disabilities have been waiting for almost two decades to receive adequate and appropriate state-of-the-art services from competently-trained direct care providers. This delay has resulted in missed opportunities for approximately 70,000 Minnesota citizens to live quality lives and to achieve their maximum potential in an inclusive community." The following deficiencies in the current "non-system" were noted: . A need to secure inter-agency cooperation and collaboration; . A need to secure adequate funding to sustain a delivery system; . A need to develop curriculum and training materials that emphasize skills and are competency-based; . A need to effectively disseminate training and education materials and resources; . A need to develop a process to evaluate education and training materials that is value- and outcome-based; . A need to include incentives that will address low wage, high turnover, and staff retention problems. Following are highlights from a number of detailed recommendations made in the report: -- Funding: . Training for direct care providers must become a priority and funding must be allocated to assure such training. . Move resources from expensive, more restrictive, segregated services to home and community services. . Establish a "training voucher system" where the voucher follows the person with developmental disabilities and the value of the voucher is tied to the needs of the person receiving services. . As a general policy, training dollars should be available as new services are developed, and to develop and field test new curricula and approaches. . The state should match any federal dollars if and when available for training. -- Management/Inter-agency: . State agency coordination/collaboration will need legislative direction. . Develop a tracking system to allow the State to determine the amount of funds being spent on training, who is receiving training, and outcomes achieved. . Modify all applicable rules/legislation so emphasis is on guiding principles as developed and approved by the Task Force. -- Curricula: . Tailor training to the audience. . Training materials must be understandable and accessible. . Establish mechanism to assure that curricula are regularly identified, updated, reviewed, and evaluated according to the guiding principles. -- Delivery: . Broaden the focus of training and make it accessible to existing generic community resources such as families, home health care, senior programs, special education, scouting programs, ancillary or para-professional staff. . Competency-based training should be regularly available, including ongoing support and technical assistance. -- Evaluation: . Establish a process for ongoing review of curricula, and evaluate the impact on quality of services, as experienced by individuals and family members. . Disseminate information about successful training approaches. -- Incentives: . Remove disincentives from rules, replacing with incentives. . No certification should be required but training should provide flexible accreditation and promote career ladder opportunities. "The above recommendations are a critical step toward the design, development, and implementation of training system, and a long overdue improvement in the quality of services provided to persons with developmental disabilities," the Task Force report concluded. Copies of State Technical Task Force on Educational Opportunities for Developmental Disabilities Service Providers, an Executive Summary, and Criteria for Competency Based Training are available from the Governor's Planning Council on Developmental Disabilities Office. This article is from FUTURITY Newsletter and may be reprinted with attribution; letters and submissions are welcome. For more information or to submit material for publication, please contact: Roger Strand Governor's Planning Council on Develomental Disabilities Minnesota Department of Administration 300 Centennial Building 658 Cedar Street St. Paul, MN 55155 612/296-9963 * An Elephant: A mouse Built to Government Standards. * Origin: DRAGnet - Disability Resources - (612) 753-1943 (1:282/1007) ---------------------------------------------------------------------- (71) Sat 20 Mar 93 12:23p By: Gordon Gillesby To: All Re: RESEARCH SUPPORTS INC SCH ---------------------------------------------------------------------- RESEARCH SUPPORTS INCLUSIVE SCHOOLS: INTEGRATION YIELDS HIGHER PERFORMANCE "The more that children with severe disabilities are included in regular education classes, the better they perform in school and social situations," said Pam Hunt, research coordinator for the California Research Institute of San Francisco State University. "We know that other practices are very important, but they didn't come near to having the powerful link to success that integration had," she added. Several variables were studied in five states: teacher training, principal involvement, and eight other factors shown to improve the education of students with disabilities. Parents and teachers of 312 students with severe disabilities were interviewed. Analysis of the data revealed that the children who attended mostly regular classes performed best in school and social situations and were better able to live independently. "School districts need to do more than take students with severe disabilities from separate schools and put them into segregated classes in neighborhood schools," Hunt said. "Children should be included in the regular classrooms as much as possible. As we all know, physical integration does not always mean social integration." Hunt said that this research may help shift debates about integration away from the question of morality to that of making an empirical stand, instead. For more information, contact: Pam Hunt, C.R.I., Department of Special Education, San Francisco State University, 14 Tapia Drive, San Francisco, CA 94132. 415/338-7848. - - - - - NATIONAL EDUCATORS CALL FOR INCLUSIVE SCHOOLS A group of state policy-makers released a report (October 23, 1992) calling for a "fundamental shift" away from the current "separate and isolated system" of special education toward an inclusive system that focuses on outcomes for all students. "Transforming the current system will require changes in how education is organized, how teachers are trained, and how special and general education are funded," the authors of the report said. In the fall of 1990, the National Association of State Boards of Education (NASBE) charged a 17-member Study Group on Special Education with assessing the state of special education, particularly in light of the school reform movement. In its final report, Winners ALL: A Call for Inclusive Schools, the group notes its work "is based on the premise that all children can and will learn, and this led to the belief that the dual special education/general education bureaucracies that exist today in most states have hindered collaboration between special and general educators." The report highlights a number of efforts across the country to create inclusive schools. But, the report observes, "Unfortunately, these success stories of inclusion are often the result of a commitment by a few skilled individuals who run the specific programs, rather than a broad commitment for reform." The group observed that the passage of P.L. 94-142--now called the Individuals with Disabilities Education Act (IDEA)--focused on access to public education (rather than outcomes) helped spawn a separate educational bureaucracy in which most children become mired, many never finish, and significant numbers do not make a successful transition to adulthood. "In no way is the group suggesting that parent and student rights, be rescinded, [but] we must demand more of the system than it currently produces," the authors of the report said. Poor outcomes were attributed to "unnecessary segregation and labeling" of children for special services and the "ineffective" practice of mainstreaming, which "splinters" the academic and social lives of many students. Specifically, the report calls on state boards of education to adopt three recommendations: . Create a new belief system and vision for education that includes ALL students, and provide leadership by articulating goals for all students and then identifying the changes needed to meet those goals. . Encourage and foster collaborative partnerships and joint training programs between general educators and special educators to encourage a greater capacity of both types of teachers to work with the diverse student population found in fully inclusive schools. . Sever the link between funding, placement, and handicapping label. Funding requirements should not drive programming and placement decisions for students. Source: Counterpoint (Winter 1992), National Association of State * And Adam asked, "What's a headache?" * Origin: DRAGnet - Disability Resources - (612) 753-1943 (1:282/1007) ---------------------------------------------------------------------- (74) Sat 20 Mar 93 12:44p By: Gordon Gillesby To: All Re: UN DISABILITY AGENDA - PA ---------------------------------------------------------------------- UNITED NATIONS SETS WORLD AGENDA ON DISABILITIES Part Four in a Monthly Series In an August 1992 publication, "World Program of Action Concerning Persons with Disabilities," the United Nations General Assembly outlined some of the following recommendations relating to the creation of equal opportunities. Member States should: -- Legislation . Ensure that persons with disabilities are granted equal opportunities with other citizens, eliminating any discriminatory practices. . Draft human rights legislation, with attention given to conditions which may adversely affect the ability of persons with disabilities to exercise the rights and freedoms, such as education, work, social security, and protection from inhuman or degrading treatment. -- Physical Environment . Work towards making the physical environment accessible to all. . Adopt a policy ensuring access to all new public buildings and facilities, public housing and public transport systems. Furthermore, encourage access to existing public buildings and facilities, housing and transport wherever feasible, especially taking advantage of renovation. . Encourage the provision of support services to enable persons with disabilities to live as independently as possible in the community. In so doing, they should ensure that persons with a disability have the opportunity to develop and manage these services for themselves. Note: Future issues of Futurity will list specific recommendations made in several additional areas relating to equalization of opportunities: income maintenance and social security; employment; recreation; and culture. This article is from FUTURITY Newsletter and may be reprinted with attribution; letters and submissions are welcome. For more information or to submit material for publication, please contact: Roger Strand Governor's Planning Council on Develomental Disabilities Minnesota Department of Administration 300 Centennial Building 658 Cedar Street St. Paul, MN 55155 612/296-9963 * Anything free is worth what you pay for it. * Origin: DRAGnet - Disability Resources - (612) 753-1943 (1:282/1007)