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movement toward full community inclusion around the world.
Wednesday, March 3, 2004
Year V, Edition 889
Today's front page features 8 news and information items,
each preceded by a number (#) symbol.
Click on the"Below the Fold"
link at the bottom of this page for 44 more news items.
QUOTES OF THE DAY:
"When you walk into a school, you can feel if
all children are welcome."
--Sue Clark, director of special education in
Stafford County, Virginia, talking about schools that include all children in
regular classrooms regardless of their abilities or disabilities (Fifth
story)
"In the last few years, I don't think there's been a flight on which
I was the only one who needed assistance."
--Robin Wilkinson, vice
president of Tasmanians with Disabilities, commenting on a new "low cost"
airline's policy to allow just two wheelchair users and two service dog users
on each flight (Fourth story)
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# INSTITUTIONS
Judge Allows Fircrest
Moves
By Dave Reynolds, Inclusion Daily Express
March 3,
2004
SHORELINE, WASHINGTON--Lawmakers did not violate the state
constitution last year when they approved a budget based on moving out 60 of
the 250 residents of Fircrest School, a King County Superior Court Judge ruled
Tuesday.
Judge Julie A. Spector said in her 9-page decision that a lawsuit brought by the union representing 700 Fircrest employees, along with parents and guardians of some residents, did not meet the threshold necessary to reverse the Legislature's intent.
The group had sued the state in December accusing lawmakers of using the budget measure to contradict a separate law which calls for vulnerable people to be "fostered and supported by the state."
Judge Spector disagreed.
"It is the role of the Legislature, not the court, to set policy and decide how tax dollars are to be spent," she explained. "Therefore, the court may only intervene in such a case as this where the Legislature has clearly violated the constitution."
The judge also said that the state spends $150,000 a year for each of the 1,050 residents in institutions, and that while each may have the right to chose between institution or community placement, they do not have the right to chose which facility to receive those services. The state continues to "foster and support" those people, but is giving them -- along with their parents and guardians -- limited say in where those services are to be given.
Nearly all of the 21 people who have moved out of Fircrest over the last two months were transferred to the four other state-run facilities.
The judge noted that downsizing and closing Fircrest would be "consistent with both the national and state trend." She pointed to 29 other states that have moved toward de-institutionalization, and nine states and the District of Columbia which have moved completely to community-based services for people with developmental disabilities.
Spector also mentioned that the U.S. Supreme Court ruled in 1999 that segregating people with disabilities in institutions violates their rights under the Americans with Disabilities Act.
Phil Talmadge, a candidate for governor and attorney representing those who do not want to see Fircrest downsized or closed, said that he would appeal Spector's decision to the state Supreme Court.
Fircrest has been targeted for closure, in part, because its 87-acre campus is considered prime real estate for developers and could bring the state several million dollars if sold or leased. The facility has also come under attack over recent months by inspectors who have threatened repeatedly to cut federal funding to Fircrest for failing to meet basic federal standards for safety and health.
Since 1966, Washington has reduced the number of people in state-run institutions from over 4,000 to just over 1,000. The last facility to close was Interlake School, outside Medical Lake, in 1993.
Related:
"Judge OKs transfer of Fircrest residents"
http://seattletimes.nwsource.com/text/2001869953_fircrest03m0.html
"Washington
State's Institutions: Fircrest School" (Inclusion Daily Express
Archives)
http://www.inclusiondaily.com/news/institutions/wa/fircrest.htm
---
# EMPLOYMENT
Circuit City Accused Of Creating Hostile
Environment For Worker
By Dave Reynolds, Inclusion Daily
Express
March 3, 2004
DURHAM, NORTH CAROLINA--The U.S. Equal
Employment Opportunity Commission filed a lawsuit Tuesday against Circuit City
Stores Inc. claiming it discriminated against an employee in violation of the
Americans with Disabilities Act.
The case was filed on behalf of Olumjimi "Jimi" Moses, who has sickle cell anemia and avascular necrosis which make it painful for him to walk.
Moses worked as a part-time sales associate in a Durham Circuit City from 1997 to 2001. In a discrimination complaint he filed with the EEOC, Moses said that his supervisor began harassing him in July 2000, including calling him "hoppy" and "hop-a-long".
The EEOC's regional office in Charlotte determined that the unnamed supervisor's comments were "severe enough to create a hostile work environment for Mr. Moses".
The federal agency is seeking compensatory and punitive damages for Moses. It also wants Circuit City to develop programs to provide equal employment opportunities for workers with disabilities.
According to an EEOC statement, the suit was filed after the agency exhausted its efforts to reach a voluntary settlement with Circuit City.
---
# CRIME
Jennifer Norris Sentenced To
Nine Years For Son's Neglect Death
By Dave Reynolds, Inclusion Daily
Express
March 3, 2004
ANDERSON, INDIANA--A judge has sentenced
Jennifer L. Norris to nine years in prison for neglecting to seek medical
treatment or properly care for her 8-year-old son, Mark A. Norris II.
Norris pleaded guilty two months ago to the charge of criminal neglect of a dependent resulting in bodily injury.
The boy's body was found by firefighters on January 21, 2003 after the family's home in Elwood had been destroyed. Autopsy results confirmed that Mark, who used a wheelchair because of his cerebral palsy and had epilepsy, died of pneumonia at least one day before the fire. Toxicology tests found evidence that he was malnourished and had not been given prescription medications needed to treat his seizures.
Investigators had suspected that the fire was set deliberately to cover up Mark's death, but no evidence has been found for them to charge Ms. Norris with arson.
"I'm begging for your mercy," Norris told Judge Dennis Carroll during a hearing Monday.
"I don't blame anyone but me for what happened to my son."
According to the Associated Press, Norris' defenders said she was overwhelmed by Mark's disabilities, and could not afford the 24-hour help he needed.
"She was too poor to pay for a nurse, too poor to buy gasoline to transport her son and too poor to pay attention," said Defense attorney Shawn Ramsey.
Judge Carroll told Norris that he realized she could have used more help, but that she "made a series of wrong choices both morally and legally." The judge pointed out that, despite the boy's deteriorating medical condition, Mark had not been taken to a doctor for the six months prior to his death.
Mike Warrum, the state Division of Family and Children social worker who was assigned to Mark's case, also faces charges of neglect.
Related:
"The Death of Mark A. Norris, Jr: Was fire a cover-up for
his death?" (Inclusion Daily Express Archives)
http://www.inclusiondaily.com/news/crime/norris.htm
---
# ACCESSIBILITY / TRANSPORTATION
New Airline's 'Two
Wheelchair' Rule Worries Travelers
By Dave Reynolds, Inclusion Daily
Express
March 3, 2004
HOBART, TASMANIA AUSTRALIA--A new "low cost"
air carrier by Qantas, set to begin operations in May, is being welcomed by the
tourism industry and the government because it is expected to expand options
for travelers.
Passengers with disabilities, however, are worried that the new Jetstar will limit their travel options.
The budget airline has set a policy allowing only two wheelchair users and two service dog users on each flight, the News Unlimited reported.
Robin Wilkinson, vice president of Tasmanians with Disabilities, said travelers with disabilities are concerned over space restrictions, lack of luggage transfers, the way seats are assigned and time constraints.
"There are a lot of concerns, particularly if our luggage can't go through," she explained. "With the smaller planes we worry people won't be able to take our wheelchairs. Traveling is hard anyway and we already plan our lives quite well."
Wilkinson said Jetstar's limit on wheelchairs could be a problem, especially if people plan to attend a conference on disability issues.
"In the last few years, I don't think there's been a flight on which I was the only one who needed assistance," she said. "It could be elderly people or even someone with a broken leg."
A Qantas official said that Jetstar could make accommodations for more wheelchairs if given adequate notice.
---
# EDUCATION
"More Educators Learn That Secluding
Special-Education Students Isn't The Answer"
March 3,
2004
FREDERICKSBURG, VIRGINIA--The following seven paragraphs are
excerpts from a recent article in the Free Lance-Star:
Nicholas -- who has autism -- spends about half of his school day in a regular classroom and the other half in a classroom for students with autism.
Nicholas is one of 79,184 special-education students in Virginia who spend part of their day in regular classes, said Charles Pyle, director of communications for the Virginia Department of Education.
Nicholas and the other special-education students are part of a practice known as inclusion.
In its most basic form, inclusion is simply the act of putting all children in the general education curriculum.
In practice, it's not that simple.
"There is no definition, it's just perception," said Carolyn Mills, director of special education for Culpeper County schools.
"The research is proving that special education, in the way we've done it in the past, isn't effective," Mills said. "It's come a long way. Special education used to be a lot more restrictive; it's gotten a lot more inclusive."
Entire article:
"More educators learn that secluding
special-education students isn't the answer" (Free Lance-Star)
http://www.freelancestar.com/News/FLS/2004/022004/02292004/1277149
---
# TODAY'S FEATURED FAMILIES WEBSITE
Disability Solutions: A
Resource for Families and Others Interested in Down Syndrome and Related
disabilities
Welcome to the Disability Solutions Web site. Disability Solutions is published 6 times yearly by The Enoch-Gelbard Foundation, a nonprofit, private foundation.
http://www.disabilitysolutions.org/
---
# EXPRESS EXTRA!!! From the Inclusion Daily Express Archives -- One year ago:
COMMUNITY LIVING / ADVOCACY
Waiver Is Best Birthday Present
For Nick Dupree
By Dave Reynolds, Inclusion Daily Express
March 3,
2003
MOBILE, ALABAMA--Nick Dupree turned 21 on February 23.
It was a very happy birthday as 40 or so fellow students from Spring Hill College celebrated with him in true Mardi Gras style.
The mood was all the more festive, perhaps, because Nick does not have to move into a nursing home in order to continue receiving the care he needs.
Dupree has a rare form of muscular dystrophy that requires him to use a ventilator and a wheelchair. He is able to live with his family because of in-home nursing care paid through Alabama's Medicaid program. Money for that service was to be cut off by law once he turned 21.
He started "Nick's Crusade" in March 2001 to make the public and lawmakers aware of the situation he and countless others faced.
On February 10, U.S. Health and Human Services Secretary Tommy G. Thompson announced that the federal government approved a new program in Alabama that would continue Medicaid funded in-home services for 30 people in his age group -- including Dupree and his 18-year-old brother who has the same form of muscular dystrophy.
"I'm really happy that I could make Medicaid save 29 other people," Dupree told WPMI-TV. "I'm happy about that."
Nick's Crusade
http://www.nickscrusade.com
---
# DISCUSSION BOARD
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---
# BELOW THE FOLD
Click here for the rest of today's
disability-related news:
http://www.InclusionDaily.com/news/04/btf/03030450.htm
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