Winter is officially over and although some may enjoy beautiful blankets of white snow most of us here at RFI are grateful that we made it through that frigid season. As people begin preparing for warmer weather and another growing season we are also preparing to advocate for better local, state and federal services for our consumers.

The Reauthorization of the Rehabilitation Act incased in the Job Training Improvement Act, HR 27, has been voted on and approved in the House of Representatives and on March 2, 2005 was introduced to the Senate.

The last Maryland General Assembly passed legislation that included the Community Choice program proposal. This proposed program will change how dual eligibles, people who receive Medicare and Medicaid, and long term care Medicaid recipients with disabilities receive services. So far this program is in the planning stage.

These two pieces of legislation are very important to people with disabilities and are just a few examples of issues we will be involved with this spring and summer to make sure the voice of Western Marylanders with disabilities is heard.

New Program, New Personnel

Resources for Independence has recently begun a new project. This project seeks to assist farmers and timber men in staying employed in their careers when they acquire a disability. It also helps those people with disabilities who wish to pursue a career in agriculture find the resources, services and supports to do so.

The name of the project is Maryland Agribility. The contact and director of the project is Coit Custer. Coit can be reached at mdagribility@verizon.net or call the main office at (800)371-1986 for more information or Visit us on the Web at http://mdagrability.rficil.org .

Ops & Eds

DIABETES ALERT

Washington County has taken second place in Maryland counties having the highest population of people with diabetes. This fact was recently released by the Maryland Department of Health and Mental Hygiene.

There are ways to lower this statistic. These include: exercise, diet, weight loss and following your doctor’s advice.

Anyone who has a family history of diabetes or has diabetic symptoms may want to contact their physician and have a blood glucose test performed. The Washington County Health Department also has information on the subject of diabetes.
It is urgent that Washington County residents take a proactive approach to controlling diabetes and preventing its increase.

ADA Highlights

PA Court Decides "Olmstead" Case

The case of Frederick L. v. the Department of Public Welfare of the Commonwealth of Pennsylvania has been decided by the Eastern District Court of Pennsylvania in favor of the Commonwealth.

This class action was filed on behalf of individuals with mental impairments who were institutionalized at Norristown State Hospital. The plaintiffs claimed that the state was not moving fast enough to facilitate community placements for appropriate candidates.

The district court had initially decided in favor of the state, finding that to accelerate the de-institutionalization program any more would require a "fundamental alteration" of the state’s "programming and budgetary allocations." The Third Circuit Appeals Court, however, returned the case, faulting the lower court for not looking closely at the state’s plans for future progress toward de-institutionalization.

The district court then looked further at the state’s plans, finding them sufficient and noting a "central and long-term commitment" to progress.

The decision is posted online at www.paed.uscourts.gov/documents/opinions/04d0294p.pdf

Third Circuit Addresses Accommodation for Employee "Regarded As" Having a Disability

The Third Circuit Court of Appeals reversed a lower court’s dismissal of a police officer’s ADA discrimination claim. The case of Williams v. Philadelphia Housing Authority Police Department will be sent back to the lower court for further consideration of whether the officer had a disability and/or whether the officer’s employer regarded him as having a disability and failed to reasonably accommodate him.

This case is significant in that it is the first time the Third Circuit has ruled on the question of whether an individual who is "regarded as" having a disability is entitled to reasonable accommodations on the job. Mr. Williams had an impairment that limited his ability to perform certain duties, but his employer, because it regarded him as more limited than he actually was, refused to allow him an assignment that he could have performed. The employer even ignored its own doctor’s advice in refusing the assignment.

Although other courts have ruled differently, this court found that the plain language and legislative history of the ADA, as well as the landmark Supreme Court Arline decision (which discussed both the “history/record of” and the “regarded as” prongs of the definition of disability) led to an “inescapable” conclusion that employees who are regarded as having disabilities are entitled to reasonable accommodations.

The decision is posted in PDF format at: www.ca3.uscourts.gov/opinarch/031158p.pdf

Excerpts in “ADA Highlights” were printed from “ADA In Focus” with permission from the Mid Atlantic ADA & IT Information Center.

The Resource Corner

Closing the Gap

Computers are tools that can provide solutions to many problems facing people with disabilities today. Closing The Gap, Inc. is a company that focuses on computer technology for people with special needs.

Through our newspaper, annual conference, and new on-line service "Solutions", Closing The Gap provides practical up-to-date information on assistive technology products, procedures, and best practices.

To visit this website point your browser to www.closingthegap.com.

Rehab Tools The mission of rehabtool.com is to help children and adults with disabilities enhance their lives, increase their independence and productivity, and gain greater social inclusion through the use of leading-edge assistive technology.

rehabtool.com offers a variety of high-tech assistive and adaptive technology products, augmentative and alternative communication devices, computer access equipment, multilingual speech synthesis and voice recognition software. They propose a great selection of virtual on-screen keyboards, voice-enabled communication boards, as well as cognitive rehabilitation tools adapted to the special needs of people with disabilities.

rehabtool.com specializes in computer adaptations and builds custom software solutions for children and adults with disabilities. Their flagship product, Vocalize, is an innovative speech assistant that was developed for speech impaired persons to enable them to speak in a friendly human voice using standard computer equipment. We also offer free product searches.

For the past six years, rehabtool.com has strived to meet special education and rehabilitation needs, often exceeding expectations. Be sure to check out their attractive and cost-effective product and service offerings at www.rehabtool.com.

Quote of the Day

“A path that has no obstacles probably doesn’t lead anywhere.”