ADA in the News: June 29, 2015

State To Require Cameras In Special Ed Classrooms

Disability Scoop

In what’s believed to be a first, a new law in Texas will require schools to install cameras upon request in classrooms serving students with disabilities.

The law signed by Gov. Greg Abbott earlier this month mandates that school districts and open-enrollment charter schools in the state employ video cameras if they are requested by a parent, trustee or staff member.  Under the measure, such requests can only be made for self-contained classrooms and other environments where the majority of students are receiving special education services. The new law will take effect with the start of the 2016-2017 school year.

EEOC's Proposed ADA Wellness Plan Rule Elicits Critical Comments From All Sides

Bloomberg BNA

The Equal Employment Opportunity Commission under the Americans with Disabilities Act should permit employers to offer the same financial incentives for participation in workplace wellness programs that are currently available under the Affordable Care Act and its implementing regulations, congressional Republicans and multiple business groups said in comments submitted to the commission.

The EEOC in April issued a proposed rule (RIN 3046-AB01) to amend its ADA regulations regarding when employer-sponsored wellness plans that include medical exams and inquiries fit within an ADA exception for “voluntary” health care programs. During a 60-day period that ended June 19, the EEOC received about 340 comments on its proposal plus more than 2,400 nearly identical letters objecting to wellness programs asking employees about pregnancy.

25 years later, ADA compliance still issue for some businesses

Dothan Eagle

Twenty-five years have passed since the ADA became law to eliminate discrimination against people with disabilities, but many business owners locally and throughout the state still face issues with ADA compliance relating to facility accessibility. Confusion often occurs when renovations are made to an older building that was grandfathered in before the ADA passed.

Lawsuit: Sign-language interpreters fail to communicate

Colorado Independent

Attorney Amy Robertson at the Civil Rights Education and Enforcement Center said that deaf people often encounter unqualified and sometimes inept interpreters in high-stakes situations like medical procedures, social services encounters and school meetings.

Robertson is representing the Runges and several other deaf people in a lawsuit targeting not the uncertified interpreters themselves, but the agency, A&A Languages, which advertises them as “sign language interpreters.” That title, said Robertson, requires RID certification under the Colorado Consumer Protection Act.

Purple Heart veteran with PTSD denied bus ride over service dog

Fox News

A United States veteran who served four combat tours and was awarded a Purple Heart was denied a ride on a New Jersey bus due to his service dog.

Daniel Wright, who suffers from post-traumatic stress disorder after serving 11 years in the Marines and Army, says the driver of a New Jersey Transit bus slammed the door on him and pit bull Tank, his registered service dog, when they tried to board last week.

Wright said the driver told him “no dogs on the bus,” and said he was afraid of the dog and that Tank needed a muzzle before he could ride. Despite Wright showing Tank’s collar and vest, which say US Army Service Dog, the driver slammed the door closed.

Court-appointed attorneys violated Disabilities Act, federal complaint says

LA Times

A disability-rights group has filed a federal complaint alleging that the Los Angeles County Superior Court has systemically violated the civil rights of intellectually disabled residents who are under limited conservatorships by failing to provide effective legal assistance through its court-appointed attorneys.

The class-action complaint, filed with the U.S. Department of Justice in Los Angeles on Friday, claims that court-appointed attorneys routinely violate the Americans with Disabilities Act during limited-conservatorship proceedings.

The complaint alleges that the court system has failed to provide adequate training to attorneys in how to comply with the Americans with Disabilities Act, has failed to train the attorneys on how to effectively work with a client who has developmental disabilities, and lacks qualification and performance standards.

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