NCD Bulletin
A Monthly Publication of the National Council on Disability (NCD)

Marca Bristo, Chairperson
February 1999

The Bulletin, which is free of charge, and at NCD’s award-winning Web site (http://www.ncd.gov), brings you the latest issues and news affecting people with disabilities. To subscribe or unsubscribe to the NCD listserv, send a blank e-mail to add-bulletin@list.ncd.gov or remove-bulletin@list.ncd.gov. No need to write anything in the subject line or body. Please send your editorial comments to Bulletin editor Mark S. Quigley (mquigley@ncd.gov).

NCD Releases New Progress Report on Disability Policy

NCD released its 1998 National Disability Policy: A Progress Report, stating that the country continues to move forward in expanding opportunities and inclusion for Americans with disabilities, but the pace is slow. The report reviews federal policy activities, noting progress where it has occurred, and makes further recommendations to the President and Congress where necessary. Visit NCD's Web page (http://www.ncd.gov) to obtain a copy of the report, or call 202-272-2004 or 202-272-2074 (TTY).

Disability Civil Rights Update

On March 3, 1999, in a 7-2 vote, the U.S. Supreme Court ruled that school districts must pay for professional nurses to accompany some students with disabilities under the Individuals with Disabilities Education Act. In Cedar Rapids Community School District v. Garrett (No. 96-1793), the highest court in the land clearly reaffirmed that all children with disabilities are to receive a free and appropriate education. In the Court's opinion, Justice John Paul Stevens wrote, "The district must fund such related services to help guarantee that students like Garret are integrated into the public schools."

The U.S. Supreme Court will also hear six cases this term that could have a profound impact on the Americans with Disabilities Act (ADA) and people with disabilities. Possibly the most prominent of the six is the Georgia appeal of Olmstead v. L.C. (No. 98-536), in which two people with mental disabilities who were housed in a state psychiatric hospital charged that the state failed to provide them with care in the most integrated setting appropriate to their needs, thus violating ADA. Under many current state laws, there is no obligation to provide these services. The 11th Circuit Court declared that the State of Georgia had failed to place the plaintiffs in an appropriate community-based treatment program. In connection with this case, and to draw attention to the important policy issues it raises, ADAPT will conduct a rally supporting disability rights and opposing the Olmstead v. L.C. threat to community living at noon on Wednesday, May 12, 1999, on the steps of the U.S. Supreme Court. For more information on the rally, call 512-442-0252 or 303-733-9324.

Four more ADA cases will focus the Court's attention on the definition of "disability." In Cleveland v. Policy Management Systems Corp. (No. 97-1008), the Court will decide whether a person who has applied for Social Security Disability Insurance benefits is presumed not to be a "qualified individual" under ADA and therefore barred from suing for job discrimination. In Sutton v. United Air Lines, the Court will decide whether United Air Lines was justified in rejecting twin sisters who applied to be pilots on the grounds that they were too nearsighted to be pilots. They claimed discrimination under ADA, but the lower court said they were not covered by ADA because their vision is correctable. Murphy, Vaughn L. v. United Parcel Services, Inc. (No. 97-1992) will, among other things, decide whether ADA requires that a person's hypertension be evaluated in its unmedicated state. Albertsons, Inc. v. Kirkingburg, Hallie (No. 98-0591) will, among other things, decide whether a person with monocular vision is a person with a disability under ADA.

The sixth case, Wright v. Universal Maritime Service (No. 97-0889), will decide whether a general arbitration clause in a collective bargaining contract prohibits an employee covered by the contract from filing his or her own lawsuit under ADA.

On March 1, 1999, the U.S. Equal Employment Opportunity Commission (EEOC) released a comprehensive policy guidance entitled Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (ADA), which addresses the duty of employers to provide "reasonable accommodations" to applicants and employees with disabilities under Title I of ADA. The free guidance may be obtained through EEOC's publications distribution center at 1-800-669-3362 or 1-800-800-3302 (TTY). It is also available at EEOC's Web site (http://www.eeoc.gov).

NCD Commends Secretary of Transportation and Congressional Leaders for Proposing to Strengthen the Air Carrier Access Act for People with Disabilities

NCD applauds the Secretary of Transportation's recent announcement of a series of Administration proposals to advance the civil rights of air travelers with disabilities by, among other things, strengthening the Air Carrier Access Act (ACAA). These proposals are a welcome and prompt response to recommendations NCD shared with the Department of Transportation in advance of the pending March release of NCD's extensive study of federal ACAA enforcement.

On the Hill, Senators Olympia J. Snowe (R-ME) and Ron Wyden (D-OR) worked with Senator John McCain (R-AZ) to successfully add strengthening language in the Senate Committee on Commerce, Science, and Transportation markup of the Air Transportation Improvement Act (S.82), which authorizes the activities of the Federal Aviation Administration. House leaders are working on companion provisions in their bill.

Application Deadline Extended for NCD's 1999 National Leadership Conference for Youth with Disabilities (NLCYD)

The deadline for submitting applications for NCD's 1999 NLCYD has been extended to March 31, 1999. Applications and additional conference information are available on-line at http://www.ncd.gov/youth/conf99_3.html or by contacting NCD at 202-272-2004.