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D ATI and others have been working hard during the last few months to bring an alternative financing, or low-interest loan, program to Delaware for the purchase of assistive technology. This exciting opportunity is possible because the United States Department of Education's National Institute on Disability and Rehabilitation Research (NIDRR) is expanding a low-interest AT loan program already in existence in a number of other states. If our application in this competitive process is successful, NIDRR will match every $1 raised in Delaware from public or private sources with $3 in federal funds. The other states that have low-interest loan programs in place typically feature loan guarantee and/or interest rate buy-down approaches. These programs are administered through established financial institutions and they have helped many people pay for home Delaware Assistive Technology Initiative (DATI) Volume 10, No. 3 Summer/Fall 2002 Progress on Alternative Financing for AT Purchase and vehicle modifications, computers, hearing aids and other types of AT that are rarely funded by third party sources such as public and private insurance and state agencies. On May 2, 2002, DATI sponsored a day-long workshop at Del Tech's Wilmington campus for persons interested in this initiative. A diverse audience of more than 50 attendees, including persons with disabilities, advocates, health care providers, governmental officials, and representatives of financial institutions, heard an excellent presentation by Dr. Joey Wallace, a consultant from Virginia with considerable expertise in creating and administering alternative financing programs. Both Beth Mineo Mollica, DATI's Director, and the Director of Maryland's low-interest loan program also spoke about the need for and the INSIDE THIS ISSUE: New Developments Meet DATI’s Newest AT Specialist . . . . . . . . 2 Building a Home? . . . . . . . . . . . . . . . . . . . 3 Federal Accessibility Requirements . . . . . . . . 6 Enabling Safe Evacuations . . . . . . . . . . . . 10 More on Evacuation Plans . . . . . . . . . . . . 13 More on Assistance Dogs . . . . . . . . . . . . . 14 Assistive Devices for My Memory . . . . . . . 16 Inclusion Works! . . . . . . . . . . . . . . . . . . . 17 Senate Subcommittee on Children . . . . . . 18 Push for Accessible Digital Formats . . . . . . 19 Procedural Safeguards under the IDEA . . . 21 In the Workplace Learning Disabilities . . . . 23 New Equipment Added to DATI Inventory . 25 DE Recycles Assistive Technology . . . . . . . . 26 Toys for Children with Disabilities . . . . . . . 28 Ann Phillips and Aaron Deede provided testimony about AT access barriers.

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Page 1: Progress on Alternative Financing for AT Purchase Mess 9-02.pdf · Delaware Assistive Technology Initiative (DATI) • Volume 10,No.3 • Summer/Fall 2002 Progress on Alternative

DATI and others have been working hardduring the last few months to bring analternative financing, or low-interest

loan, program to Delaware for the purchase ofassistive technology. This exciting opportunityis possible because the United StatesDepartment of Education's National Instituteon Disability and Rehabilitation Research(NIDRR) is expanding a low-interest AT loanprogram already in existence in a number ofother states. If our application in thiscompetitive process is successful, NIDRR willmatch every $1 raised in Delaware from publicor private sources with $3 in federal funds.

The other states that have low-interest loanprograms in place typically feature loanguarantee and/or interest rate buy-downapproaches. These programs are administeredthrough established financial institutions andthey have helped many people pay for home

Delaware Assistive Technology Initiative (DATI) • Volume 10, No. 3 • Summer/Fall 2002

Progress on Alternative Financing for AT Purchase

and vehicle modifications, computers, hearingaids and other types of AT that are rarelyfunded by third party sources such as publicand private insurance and state agencies.

On May 2, 2002, DATI sponsored a day-longworkshop at Del Tech's Wilmington campusfor persons interested in this initiative. Adiverse audience of more than 50 attendees,including persons with disabilities, advocates,health care providers, governmental officials,and representatives of financial institutions,heard an excellent presentation by Dr. JoeyWallace, a consultant from Virginia withconsiderable expertise in creating andadministering alternative financing programs.Both Beth Mineo Mollica, DATI's Director, andthe Director of Maryland's low-interest loanprogram also spoke about the need for and the

INSIDE THIS ISSUE:New DevelopmentsMeet DATI’s Newest AT Specialist . . . . . . . . 2Building a Home? . . . . . . . . . . . . . . . . . . . 3Federal Accessibility Requirements. . . . . . . . 6Enabling Safe Evacuations . . . . . . . . . . . . 10More on Evacuation Plans . . . . . . . . . . . . 13More on Assistance Dogs . . . . . . . . . . . . . 14Assistive Devices for My Memory . . . . . . . 16Inclusion Works! . . . . . . . . . . . . . . . . . . . 17Senate Subcommittee on Children . . . . . . 18Push for Accessible Digital Formats . . . . . . 19Procedural Safeguards under the IDEA . . . 21In the Workplace Learning Disabilities . . . . 23New Equipment Added to DATI Inventory . 25DE Recycles Assistive Technology. . . . . . . . 26Toys for Children with Disabilities . . . . . . . 28Ann Phillips and Aaron Deede provided testimony about AT

access barriers.

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2 • THE AT MESSENGER

Hello, everyone! I am Eden Melmed and Ijoined DATI in the Fall of 2001 as theAssistive Technology Specialist serving

the New Castle County Assistive TechnologyResource Center. In this role, I provide supportto individuals with disabilities, their familiesand other members of the community byhelping to identify appropriate assistivetechnology and supplying information andtraining on the technology. It is tremendouslyrewarding work.

Prior to joining DATI, Ihad been working at apharmaceuticalcompany as abiomedical engineer.In this position, Iworked withscientists todetermine theirtechnological needs,including both hardware

Meet DATI’s Newest AT Specialist

benefits of such programs. The questions andother comments from the audience indicated avery strong interest in creating an alternativefinancing program in Delaware.

Later in May and throughout June, Dr. MineoMollica and Tom McDonough, DATI's Fundingand Policy Specialist, worked with SenatorHarris B. McDowell III and other legislators inthe Delaware General Assembly toward thepassage of legislation that would increase theavailable funding options for AT. SenatorMcDowell introduced Senate Bill 377, "TheDelaware Personal Mobility and VehicularTransportation Access Act," which proposed tocreate a Delaware Assistive Technology Trustfor the administration of grants and loans topay for personal mobility devices (such aswalkers, wheelchairs, and scooters), vehicularassistive technology (such as hand controls,vehicle ramps, and passenger restraint systems),and other assistive technology.

After Dr. Mollica and Mr. McDonough testifiedabout the need for alternative financing for suchtechnology on June 20th, the Senate heard movingtestimony from Ann Phillips and her son, AaronDeede, a young man who became an AT userfollowing a motor vehicle accident approximatelytwo years ago. The Senate eventually passed anamended version of Senate Bill 377, yet the billfailed to pass in the House of Representatives inthe waning hours of the last legislative session.

Despite this setback, the General Assemblyenabled us to keep this initiative moving

forward with a provision in the Bond Billestablishing a Delaware Assistive TechnologyPolicy Committee. This Committee, whichincludes Dr. Mineo Mollica, elected andappointed officials, and others, is charged withstudying this issue, holding hearings, andpresenting its findings and recommendations tothe General Assembly by mid-January 2003. Upto $100,000 is available to support theCommittee’s work.

On another front, DATI has worked diligently tosecure financial and technical assistance from anumber of local financial institutions andfoundations so that Delaware can present a well-planned and competitive application to NIDRR.We are confident that these efforts will result in asignificant State "match" so that, combined withthe three federal dollars for every state dollar, wecan maximize the benefits for Delawareans withdisabilities. We expect to submit Delaware’sapplication to NIDRR in Spring 2003.

Between now and the spring, there is much bedone. We intend to distribute an AT loansurvey to better gauge the level of interest andneed for a low-interest loan program. A workgroup will research the existing low-interestA.T loan models in other states andrecommend a model that best meets Delaware’sneeds. We intend to convene a meeting tosolicit comments from interested parties on theproposed model and, if warranted, we willrenew our efforts in the Delaware GeneralAssembly. We welcome your support. �

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SPRING 2002 • 3

and software, and implemented the appropriatesolutions. This experience helped expose me tothe incredible world of technology that existstoday, and reinforced my belief that almostanything is possible. While I enjoyed thatexperience, I quickly concluded that my desireis to help people and that was why I sought outDATI and abandoned the corporate world,where profits seem to be the only importantobjective.

After graduating from Carnegie MellonUniversity with a degree in electricalengineering, I served as a Peace Corps

Volunteer and was assigned to teach in TheGambia, West Africa. After my two years thereI came back to the U.S. and pursued myMasters degree in biomedical engineering fromDrexel University in Philadelphia.

Everyone at DATI is committed to assistingindividuals in finding technology that allowsthem to be more independent and productive intheir lives. If there is ever a time when you, afamily member or someone you know is inneed of some assistance, please don't hesitate tocall; we are always ready to help. �

By Dan FendlerAT Specialist - Kent and Sussex ATRCs

The housing market in Delaware isbooming, especially in Kent and Sussexcounties. Housing starts are way up, and

many people are adding on to the homes theyown. After a visit to an Atlantic City homedesigned by the Center for Universal Design atNorth Carolina State University, I walked awaywith some great ideas that you may want toincorporate into your new home or addition

Making an EntranceStart at your home’s front door. Do you have toclimb steps to get in? If the answer is yes, youhave a barrier that many folks, including those

using wheelchairs, walkers, or canes may havetrouble negotiating. We receive several calls amonth from people looking to add an accessibleramp to their home due to a change in lifecircumstances. If you give more thought to thedesign of your home, you may not need toretrofit a potentially unsightly addition.

Consider alternatives to steps before building. Ifdone during design, ramps can add beauty toyour new home. In many cases, grading the fillleading to your front door in a gently slopingmanner will provide the basis for an accessibleentrance. To ensure maximum accessibility,include gentle, rounded turns as opposed tosharp, angular ones. Gentle turns are easier tonavigate for a person in a wheelchair.Depending on your budget, there are manydifferent types of material available to surfacethe ramp. Keep in mind that the smoother thesurface, the easier the access.

Low Cost Electrical AdaptationsOne very simple idea that was incorporated inthe Atlantic City house was the position of theelectric outlets. All outlets in the home wereinstalled about 8 inches higher than typicaloutlets (Figure 2). Installing the outlets highermakes them accessible to the wheelchair user.They are also more accessible to anyone withlimited flexibility that sometimes accompaniesaging.

Building a Home? Here are a Few Universal Design Tips toHelp Make it More Livable

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4 • THE AT MESSENGER

Figure 2

Consider using rocker switches in place ofconventional toggle switches. They are easier touse for a number of individuals. Considermotion activated light switches. Their use couldeliminate the need to physically flip a switchwhen entering a room. Motion activatedswitches are available for under $10. If youhave kids, think of the money and aggravationyou could potentially save by installing these!

The Water ClosetBathrooms are an accessibility challenge. One ofthe biggest challenges arises from the size of theroom. Small rooms are hard to maneuver in,especially for a person in a wheelchair. If yourbudget permits, consider making the bathroomlarge enough to accommodate a wheelchair.

A few low cost suggestions: place the controlsto the tub or shower outside the tub or showerenclosure (see Figure 4). You can control thewater flow and temperature without leaningover the tub or shower. Have an anti-scald valveinstalled to prevent burns related to impropertemperature selection when turning on faucets(whole house valves are available for under$100 – most have adjustable settings).

Figure 3

Before the drywall is installed, consider havinghorizontal supports installed between wallsupport studs (at handrail height). These can beused to support bathroom handrails.

When selecting sinks, consider sinks that canbe installed without a cabinet underneath. Thiswill accommodate someone using a wheelchair(remember to insulate any exposed pipes thatcould burn tender legs). Or consider a designersink that has structural handles built in (seeFigure 4).

Figure 4

Cabinets can also be used to create a spaceunder the sink to accommodate wheelchairs, asshown in Figure 5 (still under construction).

Figure 5

There are many types of tubs and showersavailable that will make a bath more beautifuland more accessible. If you are thinking aboutincluding a walk-in shower in your design, tryto eliminate the threshold to make bathingeasier for those in wheelchairs or with limitedmobility. Include an adjustable showerhead inthe design to accommodate different heightrequirements (see Figure 6).

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SPRING 2002 • 5

Figure 6

Elsewhere in the HomeWhen picking out windows, consider those thathave the cranking and locking mechanisms onthe lowest part of the sill (Figure 7). Doubleand single hung windows require two handsand more strength to open.

Figure 7

When selecting doors, opt for the widest doorspossible. Pocket doors may be easier to operateby those in wheelchairs.

If your new home has stairs, make sure thatthey are well lit to help people with visualimpairment. You can also make the stairs morevisible by using different colors to make thetreads stand out (Figure 8 illustrates stairsusing light wood for most of the tread and darkwood along the edge of the tread)

Figure 8

If your plans include a fireplace, considerinstalling it a few inches off the floor. By doingso, it will be easier to reach without bending(see Figure 9). If the fireplace is being installedin a bedroom, installing it off the floor alsomakes for better viewing while in bed!

Figure 9

Kitchens and Laundry RoomsAdapting a kitchen can be very costly. Thereare many different appliance options availableto make a kitchen more accessible. Under-counter refrigerators and freezers that haveeither door or drawer access are available. Wallovens and microwave ovens can be installed atmore accessible heights (lower for those usingwheelchairs). Adjustable height countertopsand range-tops are also available.

Front-loading washers and dryers can makewash day more manageable. See Figure 10 andnote that the washer shown is mounted on aplatform that makes loading and unloading a

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6 • THE AT MESSENGER

breeze. They use a fraction of the water, arequieter, and get your clothes cleaner to boot!There are even single machine models available

Figure 10

that will wash and dry a load of clothes. Nomore unloading the washer into the dryer – putthe clothes in one machine, turn it on, and thenext time you handle the clothes they are cleanand dry.

There are many ideas that you can incorporateinto your new home. Learn more aboutUniversal Design at North Carolina StateUniversity’s Universal Design website:www.design.ncsu.edu/cud.

If you are interested in touring the UniversalDesign Demonstration home in Atlantic City,please contact Shirley Gash, RNS Docent Chairat 609-822-8070 for an appointment. It is wellworth the trip.

Thanks to Shirley, Marilyn (our tour guide)and the entire dedicated team for graciouslysharing their wonderful project with us. �

by Laura J. Waterland, Senior Staff Attorney,Disabilities Law Program

In enacting the Fair Housing AmendmentsAct of 1988 ("FHAA"), Congress extendedthe scope of anti-discrimination protection

in housing transactions to people withdisabilities.1 Among the many aspects of thislaw, Section 3604(f)(3)(C) of the FHAAimposes certain design and constructionrequirements on newly constructed multifamilydwellings, which are described briefly herein.2Significantly, the FHAA does not requirebuilders of new construction3 to provide fullyaccessible dwellings,4 nor does it require new

construction to comply with the United StatesDepartment of Housing and UrbanDevelopment’s ("HUD") own set of design andconstruction guidelines, which are codified at24 CFR Chapter I, Subchapter A, Appendices IIand III ( the "Guidelines.")The primary HUDregulation implementing §3604(f)(3)(C) is 24CFR §100.205.

BackgroundSection 3604(f)(3)(C) of the FHAA requirescertain features of accessible design andadaptable design. These features are requiredfor buildings completed for first occupancyafter March 13, 1991 that meet the definition of

Federal Accessibility Requirements for New Multifamily Construction

1See generally 42 U.S.C. Chapter 45. The Americans with Disabilities Act, 42 U.S.C. §12101 et seq., does not coverhousing, with the exception of common use areas that are made available to the public at large.2The actual requirements for new construction are quite complex; this article provides only a brief overview. You areadvised to consult with an expert when evaluating a particular property for compliance. I have relied on the HUD FairHousing Design Manual (1998).3There are different requirements for new construction or rehabilitation of housing financed with federal dollars.4The legislative history for the FHAA indicates that Congress intended to place only "modest accessibility requirements oncovered multifamily dwellings." House Report No. 711, 100th Congress, 2nd Session, at 25.

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"covered multifamily dwellings." Thesedwellings include all dwelling units in buildingscontaining four or more units, if there is anelevator; and all ground floor dwelling units inother buildings containing four or more units.These units include, without limitation,apartments or condominiums, single-storytownhouses, timeshare units, collegedormitories, and shelters that are intended to beresidences (such as transitional housing).

The FHAA and HUD’s implementingregulations reference the 1986 ANSI A117.1American National Standard for Buildings andFacilities-Providing Accessibility for PhysicallyHandicapped People. These standards, whenused in conjunction with the HUD Guidelines,are an acceptable benchmark for compliance.Other "safe harbors" for compliance are:

1. HUD’s March 1991 Fair HousingAccessibility Guidelines (cited above);

2. HUD’s Fair Housing Act Design Manual(April 1998);

3. CABO/ANSI A117.1-1992, used inconjunction with the FHAA and HUDGuidelines;

4. ICC/ANSI 117.1-1998, used in conjunctionwith the FHAA and HUD Guidelines;

5. Code Requirements for HousingAccessibility 2000 (CRHA), approved andpublished by the ICC (International CodeCouncil); and

6. International Building Code 2000 (IBC), asamended by the IBC 2001 Supplement tothe International Code.

These requirements are in addition to any localbuilding codes or requirements, unless localcodes are more stringent than HUD’s standards.Last year, building and constructionorganizations lobbied Congress unsuccessfullyfor changes to the FHAA accessibilityrequirements, complaining that therequirements are too unclear.

The Seven RequirementsThe Guidelines outline seven designrequirements. The first two requirements,relating to exterior routes and common areas,have the higher standard of "readily accessible."

Design and construction requirements withinthe dwelling (Requirements III through VII) arereferred to in the Act and elsewhere as"features of adaptable design."

Requirement I. Accessible Building Entrance.Covered dwellings must have at least onebuilding entrance on an accessible route, unlessit is impractical to do so because of terrain. Anaccessible route is a continuous unobstructedpath connecting elements and spaces in abuilding or within a site that can be negotiatedby a person with a severe disability in awheelchair, that is also safe for others withdisabilities. Routes include corridors, ramps,elevators, parking access aisles, curb ramps, andwalkways. Builders must comply with ANSIA117.1-1986, Section 4.3 or a comparablestandard for accessible route.

Requirement II. Public and Common Use Areas.Public and common use areas must be readilyaccessible and usable for people withdisabilities. Public or common use areas includehallways, lounges, lobbies, bathrooms, laundryrooms, mail rooms, recreational areas such aspools, tennis courts or playgrounds, and rentalor sales offices. Again, builders must complywith ANSI A117.1-1986 or a comparablestandard.

Requirement III. Usable Doors. Doors in publicand common use areas and primary entry doorsof covered dwellings have higher accessibilitystandards than interior dwelling doors. Primaryentry doors and doors in public and commonuse areas must be "accessible" as opposed to"usable." All doors designed to allow passageinto and within the premises must besufficiently wide to allow passage by persons inwheelchairs. Primary entry doors must meetANSI requirements. For example, thresholds onprimary entry doors can be no higher than3/4". Secondary doors need only be "usable."Patios and decks made of impervious materials,such as concrete, are allowed to have a 4" dropor more, if required by local codes.

Requirement IV. Accessible Route. There must bean accessible route into and through thedwelling units, providing access for people with

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8 • THE AT MESSENGER

disabilities. This guideline requires anaccessible route through the main door andthroughout all of the rooms. The route must besufficiently wide and lacking in abrupt changesin level. There is no requirement that it meetANSI-type standards. The route need not go tothe garage or basement. Additionally, thisrequirement requires the threshold at primarydoors to be level or at most 1/2", depending onthe exterior surface. Thresholds at sliding doorscan be no more than 3/4".

Requirement V. Light Switches and OtherEnvironmental Controls. All premises within thedwelling units must have light switches,electrical outlets, thermostats, and otherenvironmental controls in accessible locations.Covered devices that must be in accessiblelocations include air conditioner and furnacecontrols, and outlets and light switches, but notcircuit breakers, appliance controls or outletsdedicated to specific appliances. Appliances arenot covered by the FHAA. However, in onerecent case, a judge opined that if a kitchen isdesigned so that accessible appliances cannot beinstalled, a violation exists. Montana FairHousing, Inc. v. American CapitalDevelopment, Inc., 81 F. Supp.2d 1057 (D.Montana 1999).

Requirement VI. Reinforced Walls for Grab Bars.All premises within dwelling units mustcontain reinforcements in bathroom walls toallow for later installation of grab bars aroundtoilets, tubs, shower stalls and shower seats,where such facilities are provided. The grabbars themselves are not required.5 Allbathrooms must be reinforced for grab bars.There are specific guidelines for toilets anddifferent kinds of showers and bathtubs.

Requirement VII. Usable Kitchens andBathrooms. Dwelling units must contain usablekitchens and bathrooms such that an individualwho uses a wheelchair can maneuver about thespace. Again, neither room must be made fullyaccessible. Clear floor space must be madeavailable in front of ranges, cook-tops andsinks. There are particular requirements for U-shaped kitchens. Shelving is not addressed inthe guidelines. There is no requirement thatwashers and dryers, or other appliances, beaccessible (unless they are in common useareas).

Bathroom designs must allow the person withthe disability to enter, close the door, use thefixture, and exit. Specifications include anaccessible route, accessible switches and controls,reinforced walls, maneuvering space within theroom to enter, close and reopen the door andexit, and maneuvering and clear floor space topermit a person using a mobility aid to approachand use fixtures. The Guidelines give twochoices of specifications for the maneuverabilityrequirement. There is no requirement that therebe sufficient space for a person in a wheelchairto turn around. There must be, however, clearfloor space adjacent to each fixture.

EnforcementHUD has the administrative responsibility ofenforcing the FHAA.6 An aggrieved party hasup to one year from the date of the allegeddiscriminatory act to file an administrativecomplaint with HUD. HUD may also file acomplaint upon its own initiative. The courtshave taken a broad view of who can be liableunder the act for failure to "design andconstruct" in accordance with the law. Owners,developers, architects and builders can all besued under the Act.7

5Under other provisions of the FHAA, landlords must allow tenants with disabilities to make reasonable modifications attheir expense. This would include installation of grab bars, accessible appliances, and other modifications. The landlord canrequire the tenant to restore the unit when the tenancy ends.6HUD’s regional office for Delaware is in Philadelphia, and complaints can be filed at Fair Housing Hub, United StatesDepartment of Housing and Urban Development, The Wanamaker Building, 100 Penn Square East, 12th Floor,Philadelphia, PA 19107. (215)-656-0663, (ext. 3260). Complaint forms and other information can be obtained through theregional office or on the internet at www.hud.gov. You can also file a complaint on-line.7Doering v. Pontarelli Builders, 2001 WL 1464897 (N.D. Ill., Nov. 16, 2001); Baltimore Neighborhoods, Inc. v. RommelBuilders, Inc., 3 F.Supp.2d 661 (1998).

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After a complaint has been filed, HUD willinvestigate the matter and attempt conciliationbetween the parties. At the end of theinvestigation, HUD may either dismiss thecomplaint or file a charge if the case has merit.If a charge is filed, the case will go to hearingbefore an administrative law judge. HUD canalso recommend to the United StatesDepartment of Justice that a civil case be filed,and will bring the case on the complainant’sbehalf.

Alternatively, the FHAA also allows privateenforcement in civil action in state or federalcourt. Aggrieved parties have up to two yearsfrom the date of the alleged discriminatorypractice to file a civil case.8 There is norequirement that a person exhaust theadministrative process, and a civil case can befiled when an administrative case is pending.

If the aggrieved party prevails at either theadministrative level or in court, s/he may beentitled to actual and compensatory damages,injunctive or other equitable relief, attorney’sfees and costs. Money may be ordered intoescrow to pay for any structural modificationsor retrofittings that must be made.

Delaware’s Fair Housing Act, 6 Del. CodeChapter 46, is substantially equivalent to theFHAA, and also contains accessible andadaptable design requirements. 6 Del. Code§4603(a)(6). An aggrieved party can file anadministrative complaint with the DelawareDivision of Human Relations.9 The DelawareFair Housing Act can be enforcedadministratively through the Human RelationsCommission, through private enforcementaction, or through enforcement by the DelawareAttorney General’s office.

There have been many successful efforts toenforce the FHAA accessibility guidelines,although much work continues to be necessary.A typical case at the administrative level is

Secretary, HUD v. Perland Corp., et al, 1998WL 142159 (H.U.D. A.L.J., March 30, 1998).In Perland, the builder and partial owner ofseveral apartment buildings was ordered toretrofit several ground floor apartments andcommon areas, to pay money into escrow forfuture work, and to pay civil penalties anddamages to the organization that brought thecase for the diversion of its resources inbringing the case.

One of the most comprehensive decisions tocome out of the federal courts is BaltimoreNeighborhoods, Inc. v LOB, Inc. 92 F. Supp. 2d456 (D.Md. 2000). In BNI, an advocacy groupsuccessfully sued a developer and builder of acondominium complex for such violations as:failure to reinforce bathroom walls,insufficiently wide interior doors, a step up intoground floor units, twist door knobs on exteriordoors, and inadequate clearance in bathrooms.The case settled against some defendants and abench trial was conducted on some claims. TheCourt ordered retrofitting of common areas andinteriors, and required the developer to place inexcess of $300,000 in escrow to pay for thework.

In Montana Fair Housing, Inc. v. AmericanCapital Development, Inc., 81 F. Supp.2d 1057(D. Montana 1999), a number of defendantswere found to be in violation of the FHAA forfailure to build ground floor access routes, tomake proper placement of environmentalcontrols, and for building inaccessible commonareas, including a playground.

Finally, the former owner of an apartmentcomplex was ordered to pay to retrofit a unit tobring it into compliance with the FHAA, withescrow of funds. The plaintiff was also awardedcompensatory damages for distress, and a smallamount of punitive damages. See Balachowskiv. Boidy, 2000 WL 1365391 (N.D. Ill.,September 20, 2000).

8HUD takes the position that as long as a covered building continues to be in non-compliance, a complaint can be filed.There is some disagreement among the courts on this "continuing violation" theory. See Baltimore Neighborhoods, Inc. v.Rommel Builders, Inc., 40 F. Supp. 2d 700 (D. Md. 1999); But see Moseke v. Miller and Smith, et al, 2002 WL 1021103(E.D. Va., May 17, 2002).

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10 • THE AT MESSENGER

ConclusionWhile not as far-reaching as the ADA, theFHAA does provide a framework for acquiringa base level of accessibility for newlyconstructed multifamily dwellings. If theseguidelines are implemented, and if people arewilling to take steps to enforce theserequirements when builders and developers failto comply, then the stock of housing that can atleast be easily adapted for use for people withdisabilities should increase. �

New Book on UniversalDesign for Learning

The founders of CAST, David Roseand Anne Meyer, have published anew book titled Teaching Every

Student in the Digital Age: Universal Designfor Learning. Learn more about it from theCAST website atwww.cast.org/teachingeverystudent/tes. �

By Susanne M. Bruyere and William G. Stothers

On Sept. 11, 2001, a woman who uses awheelchair and worked on the 68thfloor of the World Trade Center was

able to safely evacuate the building, thanks to aspecialized chair. Another wheelchair user—Edward Beyea—worked more than 40 floorscloser to the ground, on the 27th floor of theNorth Tower, but wasn’t as fortunate.According to numerous published reports,Beyea and a friend waited for help. They aremissing and presumed dead.

The woman who escaped worked in the WorldTrade Center when it was attacked in 1993. Inthe aftermath of that attack, a specialized chairdesigned for carrying someone down flights ofstairs was obtained for her in case ofemergency.

Surviving a disaster—such as a terrorist attack,fire, flood or earthquake—is a struggle foranyone. That’s true also for people withdisabilities, who are entering the workforce inever-increasing numbers.

Who Is Responsible? The Americans with Disabilities Act (ADA)requires employers to modify their policies andprocedures to include people with disabilities.These requirements apply also to evacuationplans.

"Employers may be required to providereasonable accommodations to employees so

they can evacuate during emergencies," statesinformation posted on the web site for the JobAccommodation Network (JAN), a service ofthe U.S. Department of Labor.

The JAN web site also states that although"individuals with disabilities may have specificneeds and concerns, all employees will benefitby knowing workplace safety features andemergency procedures."

10 Places to StartAs engineers, architects and safety expertsstudy the collapse of the World Trade Centertowers and begin devising new plans andprocedures for safely evacuating buildings, theywill need to ensure that their plans includeeveryone.

In the meantime, employers can follow these 10steps to help all employees—including thosewith disabilities—escape from a building in caseof an emergency:

1. Identify persons who will needassistance. People with mobilityimpairments—who use wheelchairs, walkers,crutches or canes—come to mind immediately.But, while employers may ask employees withknown disabilities if they need assistance in anemergency, employers "should not assume thatall individuals with obvious disabilities willrequire assistance," says Paul Steven Miller,commissioner of the Equal EmploymentOpportunity Commission (EEOC).

Enabling Safe Evacuations

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In addition, employers must consider the needsof employees whose conditions may be lessobvious, such as:

• Individuals with arthritis.• Persons with hidden disabilities, such as

heart problems.• Those who have breathing difficulties,

such as asthma. • Persons with cognitive impairments. • Individuals who are blind or have impaired

vision.• Persons who are deaf or hearing-impaired.• Individuals with temporary conditions,

such as a broken leg or a sprained ankle, orwomen who are pregnant.

In addition, many workplaces contract withcleaning crews, security guards and otherservices that may employ people withdisabilities.

Be aware that some individuals may bereluctant to ask for help during emergencyplanning. Edwina Juillet, a consultant onfire/life safety for people with disabilities,interviewed 27 people with disabilities after the1993 bombing of the World Trade Center.Although emergency plans were developedbefore the incident, some individuals did notidentify themselves as being disabled becausethey wanted to maintain their privacy or feltthey would not need assistance, Juillet found.

2. Consult those identified. Work with theseindividuals to select any necessary assistiveequipment and to set up procedures forensuring a safe evacuation of the workplace.Consult also with local fire and rescue officialson ways to ensure the safety of employees withdisabilities.

Because some individuals with disabilitiesrequire a personal attendant or job coach, it isimportant that these individuals also beconsulted.

Impress upon employees that they must takesome responsibility for making sure theiremergency needs are met. Ask what kind ofassistance they might need, how much of it and

how best to provide it. "Individuals withdisabilities are generally in the best position toassess their particular needs," says the EEOC’sMiller.

3. Conduct evacuation drills—both plannedand surprise. Practice, practice, practice. "If notpracticed, even the best procedures andtechnologies fail when a real emergency arises,"says James L. Mueller, workplace designer andjob accommodation consultant to industry andgovernment. "Similarly, by actually goingthrough the motions of an emergency,unforeseen problems and practical solutions aremore likely to surface." In addition, it isimportant to periodically review all evacuationprocedures.

4. Consider a "buddy system," where non-disabled volunteers assist people withdisabilities. For example, at NCR in Dayton,Ohio, a small team of employees is "assigned toeach NCR Employee with a Mobility Disability(EMD) to help evacuate them in case ofemergency," says Steve Jacobs, president ofIDEAL at NCR, a group that supports NCRemployees with disabilities.

Volunteers take on a range of duties, from"accompanying the EMD during the evacuationto carrying them down the stairs." Jacobs addsthat "teams are made up of employees in thesame department as the EMD. The EMD isresponsible for training their team on how/hownot to lift and carry them."

5. Make sure that all hallways andstairways are clear. Make sure that fire-safeand smoke-free "areas of refuge/rescueassistance" are established and equippedaccording to code. These areas, which arerequired under ADA regulations and often areadjacent to stairways, provide temporaryprotection from smoke or fire while individualswait for rescue crews to arrive.

ADA regulations specify that each area ofrescue "shall provide at least two accessibleareas each being not less that 30 inches by 48inches. The area … shall not encroach on anyrequired exit width. The total number of such

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12 • THE AT MESSENGER

30-inch by 48-inch areas per story shall be notless than one for every 200 persons ofcalculated occupant load served by the area ofrescue assistance."

Each rescue area also must provide a method ofaudible and visible two-way communication.

6. Install visual and audible alarms andensure they are in working order. Considersupplemental lighting and tactile signage on thefloor adjacent to exits and areas of rescueassistance, suggests Leslie Young, director ofdesign at the Center for Universal Design at theUniversity of North Carolina at Raleigh.

Smoke will impair standard height visuals foreveryone as they crawl along the floor. As aresult, floor signage will enhance everyone’schances for survival.

7. Install an evacuation chair on each floorfor every person who needs one. Make sure thatthose who need the chair—and those who willoperate them—are trained in their use.

8. Ensure accessible and reliablecommunications. Jacobs says that NCR’ssecurity group "provides each EMD a personalcell phone designed to connect directly to oursecurity office. We have security officers in eachof our campus buildings. These officers carrykeys to the elevators in these buildings. At theirdiscretion they can opt to use the elevator forevacuation."

9. Provide appropriate equipment andassistance outside of your building. Afterthey evacuate a building, individuals may needcertain equipment. For example, people withmobility impairments will need a wheelchair.When the World Trade Center was bombed in1993, blind individuals were successfullyevacuated from the buildings—only to be left ontheir own outside, amid building debris, in awinter ice storm.

10. Include disability-related supplies inoffice first aid kits. Such supplies—whichmight include syringes, respirators, catheters,padding and distilled water—may be invaluablein the aftermath of an emergency. Also,

encourage employees to makes lists ofmedications, equipment, doctors and otherimportant information they might need in adisaster or emergency.

Too Much Trouble?Some employers may be leery of the costs theymay incur trying to develop plans to evacuateindividuals with disabilities. But such anapproach misses the potential benefits of suchplanning.

"Designing universal access into disaster reliefplans, far from being a costly proposition, canpay off handsomely," says Peter David Blanck, aprofessor at the University of Iowa College ofLaw. "A universal design approach to meetingthe needs of people with disabilities before andafter a disaster will benefit many peoplewithout disabilities, such as the very young orthe aged." �

Reprinted with the permission of HR Magazinepublished by the Society for Human ResourceManagement (www.shrm.org), Alexandria, VA.Susanne M. Bruyère, SPHR, is the director of theProgram on Employment and Disability atCornell University in the School of Industrial andLabor Relations—Extension Division in Ithaca,N.Y. She currently serves on the Board of theNational Association of Rehabilitation Researchand Training Centers. William G. Stothers isdeputy director of the Center for an AccessibleSociety, a San Diego-based center established topromote coverage of disability and independentliving by the national media. Stothers previouslywas editor of MAINSTREAM Magazine, anational newsmagazine for people withdisabilities. He also worked as an editor at TheSan Diego Union and Toronto Star newspapers.

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Until architects design buildings with auniversal evacuation plan, people withdisabilities, who live and/or work above

the second floor, need to design their ownevacuation plans. Without one they may findthemselves left behind. This article willacquaint you with some evacuation devices onthe market.

FYI: Evacuation ProductsThe Evacu-Trac, manufactured by Garventa,has tracks that grip stairs securely, safety straps,and can carry up to 300 pounds. It comes withan optional steel storage cabinet. For more infoon this device, call 800-663-6556.

The Evac+Chair is light (18 pounds) and hasa 300 pound capacity. With it, a person can getanother person out of the building. Call 212-369-3710 for further information.

The Evac-Aide is a convenient deviceconstructed of heavy fire resistant material withreinforced webbing over the full length on eachside. It has four hand loops on each side foreasy carrying. It has a slick lower surface thatreduces friction, making it easy to drag a heavyperson out. It can also be rigged as a sling usingthe S hooks (two on each end). Contact TieTech Inc. or call 425-743-5863 for moreinformation on their products.

With the EvacuSled the user literally slidesdown the steps to safety (with the help ofothers guiding it and regulating its speed). It'ssmall and can be stored under a bed or in autility closet. Gravity helps the volunteers slidethe unit, without risk of injury. To learn moreabout this device call 514-356-1224.

This is not an all-inclusive list of evacuationdevices and manufacturers, and we do notendorse one product over another. Do someinvestigation and check out several devices tofind the one most appropriate for your ownneeds and situation. Heavy blankets or canvas,a cot or even a hand truck could also be used asan evacuation device. But a device alone isn'tenough. Ask neighbors or co-workers to

volunteer to help you out of the building shouldan evacuation occur. Have a mock evacuation totest your device and plans.

What You Can Do NowBesides having a plan and the right evacuationdevice, find out if the building keeps a list ofeveryone who needs help leaving the building.It should indicate the floor on which the peoplewith a disability work or live, so firemen knowwhere people may be waiting for help. Certainlyfind out if there are any evacuation aids onyour floor. Advocate for yourself and otherpeople with disabilities in the building to getsome devices if there are none.

Spend some of your advocacy efforts pushingfor buildings that have a universally designedevacuation method. Until that changes, peoplewith disabilities will always face formidabledisadvantage during emergencies. �

Excerpted with permission from "Last Invited In& Forced to be Last Out," an article inTECHTALK, the Illinois Assistive TechnologyProject Newsletter (217-522-7985;www.iltech.org)

SPRING 2002 • 13

More on Evacuation Plans

E-newsletter fromHalfthePlanet

HalfthePlanet Foundation is anonprofit organization thatsupports the applications of

technology to promote the values of theAmericans with Disabilities Act:independent living, social inclusion,equality of opportunity, economic self-sufficiency, and empowerment. Among itsendeavors are the HalfthePlanet Today E-Newsletter and the HalfthePlanet web site.To subscribe to the newsletter, visit thewebsite at www.halftheplanet.org andenter your name and email address in thebox on the lower-left side of the page. �

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Eden Melmed, AT SpecialistNew Castle County ATRC

It used to be that Assistance Dogs weretrained in one capacity—as "seeing eye dogs,"guiding individuals with visual impairments

safely to their destinations. More recently, thetraining of Assistance Dogs has been expanded toassist persons with hearing impairments andphysical disabilities. The dogs are becomingversatile, reliable assistants for individuals with awide variety of needs. By aiding in dailyactivities, they allow persons with disabilities tolead more productive, independent andunconstrained lives. The dogs also offer a sourceof companionship, loyalty and unconditionallove. In 1995, a study by Karen Allen, Ph.D. andJim Blascovich, Ph.D. found that people withdisabilities who had service dogs showedsubstantial improvements in self-esteem,psychological well-being, community integrationand feeling in control of events. In addition, thenumber of personal assistant hours required forcare decreased by an average of 78%.1

The three most common types of AssistanceDogs are Guide Dogs for persons with visionimpairments, Hearing Dogs for persons withhearing impairments, and Service Dogs forpersons with physical disabilities and/ormobility impairments. Dogs can also be trainedto function as Seizure Alert/Response Dogs,Psychiatric Service Dogs and Combination Dogs(for persons with multiple disabilities).

Guide Dogs assist people with visionimpairments by avoiding obstacles, stopping atcurbs and steps, and negotiating traffic. Theharness and U-shaped handle facilitatecommunication between the dog and the owner.The owner’s role is to provide directionalcommands, while the dog’s role is to ensure theteam’s safety, even if this requires disobeying anunsafe command. Large breeds such as LabradorRetrievers, Golden Retrievers and GermanShepherds commonly serve as Guide Dogs.

Hearing Dogs assist people with hearingimpairments by alerting them to a variety ofhousehold sounds such as a doorbell or doorknock, alarm clock, oven timer, telephone, babycry, name call or smoke alarm. Dogs are trainedto make physical contact and lead their ownersto the source of the sound. Hearing Dogs aregenerally small to medium in size and areidentified by an orange collar and leash and/orvest.

Service Dogs assist people with physicaldisabilities in a wide variety of tasks. Someexamples of mobility tasks a service dog may betrained for are maintenance of balance duringtransfer or ambulation, pulling wheelchairs andaiding in rising from a seated or fallen position.Dogs can also be trained to retrieve objects thatare out of reach, open/close doors and drawers,help with dressing and undressing, turn lightswitches on/off, bark to alert for help andlocate people, places or items. Golden orLabrador Retrievers are often trained as ServiceDogs and can be identified by either a backpackor harness.

Assistance Dogs not only provide a specificservice to their owners, but also greatly enhancetheir lives with a new sense of freedom andindependence. If you would like to learn moreabout being partnered with a dog, please contactan agency below or your local ATRC.

Delta Society National Service Dog Center,289 Perimeter Road East, Renton, WA 98055,800-869-6898, www.deltasociety.org

Canine Companions for Independence, 1505Linden Avenue, Willow Grove, PA 19090,215-602-2093, www.caninecompanions.org

Canine Partners for Life (Service Dogs), POBox 170, Cochranville, PA 19330, 610-869-4902, www.k94life.org

Independence Dogs, Inc. (Service Dogs), 146State Line Road, Chadds Ford, PA 19317,610-358-2723, www.independencedogs.org

14 • THE AT MESSENGER

More on Assistance Dogs

1Allen, K. & Blascovich, J. (1996). The value of service dogs for people with severe ambulatory disabilities. Journal of theAmerican Medical Association, 275, 1001-1006.

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Note: The Americans With Disabilities Act(ADA) defines a Service Animal as anyguide dog, signal dog, or other animalindividually trained to provide assistance toan individual with a disability. Disabledindividuals with service animals areguaranteed legal access to all places of publicaccommodation, modes of publictransportation, recreation and other places towhich the general public is invited. �

FALL 2001 • 15

New Federal Office on Disability

Health and Human ServicesSecretary Tommy G. Thompsonannounced the creation of the HHS

Office on Disability to oversee thecoordination, development andimplementation of programs and specialinitiatives within HHS that impact peoplewith disabilities. Margaret J. Giannini,M.D., F.A.A.P., currently the principaldeputy assistant secretary for aging at theAdministration on Aging (AoA), has beenappointed the director of the new HHSOffice on Disability.

The announcement builds on the work ofPresident Bush's New Freedom Initiative, acomprehensive plan to tear down barriersthat prevent people with disabilities fromfully participating in community life. Thenew office will help centralize many of therecommended strategies outlined in areport to President Bush, which exploredsolutions to reducing barriers in all areas ofsociety for people with disabilities.

As head of the new office, Giannini willoversee the coordination of HHSdisability issues and special initiatives.Preparations are currently underway toofficially open the new office this fall. �

Pathfinder Includes New32-Location Unity Program

The Unity 32 program is now a standardfeature of the Pathfinder communicationaid. The Unity Tour Guide and

Vocabulary Sort include documentation tosupport the new software. Designed specificallyfor the Pathfinder, Unity 32 makes full use ofthe hardware and software features of the device.Unity 32 actually includes two integratedversions, a "single-hit" program that provides avery simple introduction to the vocabulary and a"sequenced" version that allows access to anexpanded vocabulary by sequencing icons.

Who will benefit from Unity 32?Any individual with visual or motorimpairments may find the larger graphics andlarger keys easier to access. This program mayalso be a starting point for very youngaugmented communicators and those userswith moderate to severe cognitive challenges.

How many words does the program contain?The Single-Hit vocabulary contains 2100 "root"words. Adding word endings in Unity 32expands the vocabulary very quickly. TheSequenced version contains the 2100 rootwords plus 200 "core" words and phrases. Withthe Sequenced version, access to vocabularyrequires fewer keystrokes.

Transitioning with UnityUnity software allows users to expand theirvocabulary without learning a new system.These programs use the same icons, the sameicons sequences for vocabulary, and similaricon locations. Unity 32 includes:�Sentences�Spelling and Word Prediction�Computer access�Songs, games and activities�Notebooks�Environmental controls

The DATI Assistive Technology ResourceCenter near you has a Pathfinder fordemonstration and short-term loan. To purchasea Pathfinder, call the Prentke Romich CompanySales Office at (800) 262-1933. To add Unity 32to a Pathfinder you already own, call the PRCService Department at (800) 262-1990. �

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by Anne Dunlap

Iam a survivor of a severe brain injury. NowI have problems with my short-termmemory and writing. But, I am still able to

use a computer. I use a Timex Data-Link watchregularly. I was introduced to this system byAnju Vaidya, a cognitive therapist, at duPontHospital for Children.

I purchased it at an office supply store, but theeasiest way to find it today may be at a jeweleror on the Web. Mine cost less than $100. I haveused it about two years–my model (150S) hasbeen discontinued. Currently available modelsseem to be "Ironman" styles, or the moreexpensive "pager" watches. Casio offers asimilar watch called the "PC-Unite."

The alarm works by sending a beeping signalwhile running the printed message across theface of the watch. I would recommend this toanyone with a memory problem, or otherwise!It’s a good and convenient way to getreminders—it’s strapped on your arm, so youdon’t have to worry about misplacing it.

Timex calendar software comes with the watch.My older watch is also compatible withMicrosoft Outlook 97, using a "export Wizard"we downloaded from a Microsoft website, and Iam about to attempt to use it with Outlook2000. You update the watch by holding the faceof the watch up to the monitor screen. Aflashing signal comes across the computerscreen and transfers the information to thewatch. You can have everyday reminders put inthe watch (like times for meds), as well asappointment reminders (like doctor’sappointments). You can set the alarm to go offearly, if you want. The watch also stores phonenumbers.

I use this system because it’s on the computerin my room, which I use for e-mail and schoolwork, and I am also able to print out a dailysheet for my planner which is identical to thetimes/appointments that I have transferred tomy watch.

This alarm/watch system is good for mebecause I’m able to be independent during theday with all kinds of things because of thesereminders. During the day I use a digital voicerecorder, which I keep in my purse, for things Iwant to type in my calendar or memory loglater. I use the RCA Model RP5007, whichoffers me several advantages. It has 9 "filefolders," and I use folders 1-7 for the days ofthe week. For example, folder 1 is for "voicereminders for Sunday," and I have put a key onthe back of the recorder for quick reference.This recorder is also thin, so it fits easily into apocket or a small purse. Its keys are easy to usewith either hand, which is important for peoplewith hemiplegia. And, the recorder has a "lock"button which prevents it from turning onaccidentally.

If you have any questions, contact my father,Jim Dunlap, at home at (302) 239-6096. �

This article first appeared in Volume 1, Issue 1 ofWhat’s Happening, the Brain Injury Associationof Delaware’s newsletter, and is reprinted withpermission from the author and the Brain InjuryAssociation of DE.

16 • THE AT MESSENGER

Assistive Devices for My Memory

Brochure on AdaptedVehicles Available

The National Highway Traffic SafetyAdministration has published asimple, easy to read brochure titled

"Adapting Motor Vehicles for People withDisabilities," and is making it available freeof charge. This brochure is 20 pages longand fits in a #10 envelope. You can requestmultiple copies to distribute with mailingsor at conferences by contacting RhondaKeith at the Consumer Automotive SafetyInformation Division of NHTSA (phone202-366-0291 or email [email protected]). �

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This year’s Inclusion Conference,scheduled for Thursday, November 14,brings outstanding speakers from all over

the country to Ruddertowne in Dewey Beach.Kathie Snow, the keynote speaker, is a wife,mother, author, and advocate of innovativethinking about children and adults withdisabilities. In her opening talk, titled LivingReal Lives, she will explore the fact that toomany children and adults with disabilities livetheir lives as "clients of the system" instead of"citizens of their community." She will suggestthat only when we move from dependence onthe service system to interdependence in thecommunity will we ensure real lives for peoplewith disabilities.

No More Fighting!Snow will also offer a full-day session titled No MoreFighting!, in which she willbring a new perspective tothe often contentiousIndividualizedEducation Program(IEP) planning process.Snow says it is time tomake the IEP processfun, productive, andbeneficial for all. Shewill demonstrate thatwhen parents and educatorspractice proactive and cooperative advocacy,everyone wins.

Fostering Literacy and LanguageDevelopment Among Students withDisabilitiesThis workshop will be presented by literacyexpert Dr. Karen Erickson, an associateprofessor and coordinator of the Center forLiteracy and Disability Studies at theUniversity of North Carolina at Chapel Hill. Dr.Erickson will introduce a framework forunderstanding the critical link between literacyand language, and will guide attendees inapplying research-based best practices toliteracy instruction. She will also discuss the

ways in which assistive technologies can beused to support literacy and language learning.

Building Effective Supports forSuccessful Educational ExperiencesThis workshop will explore the necessity forclear and focused IEPs, tailored related services,and paraeducator supports. The presenter, Dr.Susan Edelman from the University ofVermont, is also the Social Services Director forthe Vermont I-Team, an interdisciplinary teamthat provides technical assistance, training, andfamily support related to children withintensive educational needs. Dr. Edelman’s

workshop will provide attendees withsound guidance and a variety ofstrategies addressing educationalservices and supports.

Utilizing Principles andPractices of Positive Behavior

SupportsThis workshop will

provide both backgroundand implementationstrategies related to theconduct of Functional

Assessments and thedevelopment of PositiveBehavior Support (PBS)plans. The presenter,

Margaret Lang, has worked withand within school districts in Louisiana formore than 20 years. First as a classroomteacher, and now as a provider of training andtechnical assistance, her expertise relates toinclusion and enhanced outcomes for studentswith disabilities in the context of overall schoolimprovement. The workshop will discuss therelevance of PBS in building environments thataddress the diverse needs of all students.

Conference DetailsThe Inclusion Conference will be held from 8a.m. until 3:15 p.m. on Thursday, November14. It is open to educators, parents,policymakers, and all others interested in theeducational success of students with

FALL 2001 • 17

Inclusion Works!

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disabilities. To facilitate educator attendance,the Delaware Department of Education willprovide financial support for substitutes. Inaddition, a block of rooms at the Marina Suiteshas been reserved for the convenience ofattendees who are coming from a distance andwould prefer to spend the night before theconference (November 13) in Dewey Beach.Suites are $39 + 8% tax; to reserve a room,contact the Marina Suites at (302) 227-1700and reference the Inclusion Conference.Conference registration is $20, and registrationmaterials and additional information can beobtained by contacting DATI by phone at 800-870-3284 or 302-645-4358, by fax at (302) 651-6793, by TDD at (302) 651-6794, or by email [email protected]. �

18 • THE AT MESSENGER

Access Board Issues NewAccessibility Guidelinesfor Recreation Facilities

On September 3, 2002, the AccessBoard published new guidelines thataddress access for persons with

disabilities to a variety of recreation facilities.The guidelines specify the minimum level ofaccessibility required in the construction oralteration of amusement rides, boatingfacilities, fishing piers and platforms, golfcourses, miniature golf courses, sportsfacilities, swimming and wading pools, andspas. Details are available at www.access-board.gov/news/recrule.htm. �

On June 28, Senator Chris Dodd (D-CT)chaired a hearing about theInstructional Materials Accessibility Act

(IMAA), S. 2246. Witnesses at the hearingwere Pat Schroeder, President and CEO of theAssociation of American Publishers and formermember of Congress; Jessie Kirchner, a seniorat Guilford High School in Guilford,Connecticut; Dr. Mark Maurer, President of theNational Federation of the Blind; and BarbaraMcCarthy, Director of the Library ResourceCenter of Virginia’s Department for the Blindand Visually Impaired.

Senator Dodd noted that while the ADA andIDEA call for access to education for all peoplewith disabilities, too often that access is deniedbecause textbooks are not available inalternative formats in a timely fashion. While26 states have laws requiring publishers toprovide textbooks in electronic formats, there isno uniformity to those formats. Publisherswaste time creating many different types offormats that comply with the different laws. S.2246 requires one uniform file format to easethe burden on publishers and on the conversion

process. It creates a National InstructionalMaterials Access Center where all schoolsystems can access textbooks on electronic filesand it provides funds to school systems tosupport the conversion of files into Braille.

Senator Dodd noted that Representatives TomPetri (R-WI) and George Miller (D-CA) haveintroduced the bill in the House. Sen. Doddwould like to see the bill enacted into lawbefore the end of the year. Sen. Dodd noted thatif he could he would name this bill after hissister Carol, who is legally blind and a teacherin Connecticut. He witnessed the herculeanefforts his parents made to ensure that she hadaccess to information so that she couldcomplete her studies.

Pat Schroeder testified that the publisherswholeheartedly support this bill and hope itwill be enacted this year. She noted it would goa long way to address the chaotic, costly andineffective process followed now when trying toprovide texts to students in alternative formats.

Jessie Kirchner described the process sheundergoes in attempting to secure the proper

Senate Subcommittee on Children and Families HoldsHearing on Instructional Materials Accessibility Act

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texts for her classes. She must request the textsby March for the following year. Usually classschedules are not made up by March, so sheoften must guess what she might be taking. Ifshe is in a class that is a prerequisite foranother class, she doesn’t know until the classis over at the end of the semester whether shewill qualify to take the higher level course. Shenoted that in her math class she had no bookfor months because it took so long for it to beconverted to Braille. She said that books on tapeare less effective than Braille because thestudent can’t turn the page in class and staywith the teacher. "Having a text book in classshould be a right, not a privilege," sheconcluded.

Mark Maurer noted that his mother learnedBraille herself and transcribed all of his booksso he could get through school. It is not fair toput this burden on families, he noted. In orderto keep the promise of No Child Left Behind,this legislation needs to be enacted, he said.

Barbara McCarthy explained how the systemworks in Virginia. She noted that they justreceived 5 requests for Braille textbooks for thecoming school year. One of the books is a 1183page biology book. She said that it will take 9months to Braille that book at a cost of $16,562.If the system envisioned in S. 2246 were inplace, it would take one week to Braille thebook and it would cost $785.

Senator Dodd noted that of the 94,000 K-12school children who are visually impaired, only5000 use Braille. Witnesses said that knowledgeof Braille correlates highly with the employmentrate of blind people. While the employment rateof all blind people is 32%, it is 90% for thosewho use Braille. More Braille texts and moreteachers who use Braille are needed.

Senator Dodd concluded the hearing notingthat with a small financial investment (the billcosts about $1 million per year after a $5million start up investment), a huge differencecan be made. �

FALL 2001 • 19

Merely providing students with digitaltext on a screen does not guaranteethat information is accessible or that

learning will occur. In fact, too many digitallearning materials and Web sites are notaccessible to the widest possible audience.

Electronic learning materials create unnecessarybarriers in education as a result of uniformeddesign decisions. But help is on the way!Accessibility guidelines for designers and Webmasters are available from many accessibility andusability experts. The ideal is to create withineducation electronic learning materials andequipment with few or no barriers right from thestart; then, use the power of increased access andthe promise of supported personalized learningthrough UDL to achieve optimal educationalresults for all students.

In classrooms this would mean a change fromnarrow fixed materials to those that increase

access to curriculum content. It requires aswitch from the exclusive use of books that areprinted on paper to learning experiences usingelectronic texts. Research at CAST shows thatdigital versions of books are much better formany students, including those withdisabilities. Why? Because while the content ofthe books is exactly the same, the difference isin the way that the content is displayed. Printedwords on paper are fixed, unchangeable text. Indigital versions, the computer presents contentin many different ways that students or theirteachers select and adjust. Here are someexamples:

� Sara, who has low vision, can increase thefont size so that it is large enough for herto see it comfortably.

� Bill, who is blind, can turn on text thatappears on the screen as spoken words, ortell the computer print it on a Brailleprinter.

Universal Design for Learning – A Push For AccessibleDigital Formats To Set Literacy In Motion

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� Jen, who has physical disabilities, canadvance from screen to screen through thepages of a book by blinking her eyes.

� Michael, who is dyslexic, and studentswho are underachieving for various otherreasons, can use the mechanical mouse toclick on a difficult word so that thecomputer reads it aloud or links itinstantly to a definition that is linked tothe content.

In the best cases, accessibility occurs via directaccess for most students. Products designed tobe inclusive with UDL features keep costsdown for schools because the materials areusable by large numbers of students. Theprograms work more smoothly than whenequipment is added in order to help learners.However, technology producers are not yetmanufacturing truly versatile products so thatall can learn.

Most current successes for students withphysical and sensory disabilities come in theform of adaptive or assistive technologies.These can be stand-alone or they work as "add-on" programs or devices intended to becompatible with standard computer equipment.Here are some examples:

� Matthew is a third grader who cannotspeak of use his arms or legs. Electronicswitches help him drive a wheelchair andto operate his computer so that he canwrite, communicate, and work on gradelevel.

� Katherine, who is blind, uses screen readertechnologies to surf the Internet and workacross the curriculum conducting researchand preparing reports.

� Nina has a brain injury that causes her tobe aphasic, and uses an electronicaugmentative communication device tospeak to her friends and collaborate onschoolwork.

Currently, even though advancements intechnology are appearing each year, there areno completely universally designed products,and assistive technologies play a vital role aslearning aids. Screen readers, screen magnifiers,

adaptive keyboards, word prediction software,voice recognition software, single switches, andothers should be part of a school district'sofferings. However, as technology advances, thehope is that assistive technologies and adaptivedevices would become standard options withinmultimedia programs.

With product usability in mind, school districtsthat aim to achieve new literacy shouldpurchase flexible and accessible instructionalmaterials that are designed to reach as manystudents as possible. Some of these are:

� Text-to-Speech Supported ReadingSoftware

� Talking Browsers � Screen Readers � eBook Software for Desktop PC's and

Laptops � Portable eBook Display Devices without

Speech � Books on Tape

Find more information about these and otherliteracy resources and to find links to productWeb sites, athttp://www.cast.orgmaster/reference. �

This information was reprinted with permissionfrom the CAST website(www.cast.org/ncac/index.cfm?i=2160). In acollaborative agreement with the U.S. Departmentof Education's Office of Special Programs(OSEP), CAST has established a National Centeron Accessing the General Curriculum to provide avision of how new curricula, teaching practices,and policies can be woven together to createpractical approaches for improved access to thegeneral curriculum by students with disabilities.Funding for the National Center on Accessing theGeneral Curriculum is provided by the Office ofSpecial Education Programs in the U.S.Department of Education.

20 • THE AT MESSENGER

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What Parents Can Do To Enforce theProvisions of a Student’s IEPMary Beth Musumeci, Disabilities Law Program

Parents of children with disabilities whoqualify for special education and relatedservices under Part B of the federal

Individuals with Disabilities Education Act("IDEA") quickly become familiar with thedocument known as an IndividualizedEducation Program ("IEP"). The IEP is thewritten plan developed by a team composed ofthe parent, teachers, a school districtrepresentative, and other individuals who haveknowledge or special expertise regarding thechild. The IEP describes the components of the"free and appropriate public education"("FAPE") to which eligible students are entitledunder the IDEA. It includes, among otherthings, measurable annual goals and short-termobjectives geared toward how the child’seducational needs will be met and a statementof the special education and related servicesand supplementary aids and services that thestudent will need in order to benefit fromFAPE. What parents can find confusing orfrustrating, however, is how to ensure that theirchild’s IEP is written and implemented so thatthe provisions contained in that documentbecome a reality for their child.

The IDEA and corresponding state law inDelaware provide several mechanisms by whichparents can enforce the provisions of theirchild’s IEP. These rights are described in theNotice of Procedural Safeguards that must beprovided to parents when the child is referredfor an evaluation or reevaluation for eligibilityunder the IDEA, when notice is provided foran IEP meeting, and when parents request adue process hearing. The remainder of thisarticle describes the various options available toparents when they disagree with theimplementation or contents of their child’s IEP.

1. Call an IEP MeetingCalling an IEP team meeting can be a simpleand effective way to resolve disputes about the

content of an IEP or how the provisions of astudent’s IEP are being implemented. The IEPis supposed to be the product of consensusamong the IEP team members, and parentsshould remember that they are an importantand co-equal member of the IEP team under theIDEA. The IDEA makes clear that a parent cancall an IEP team meeting at any time. Parentsalso can invite other people who have specialknowledge or expertise regarding their child toparticipate in the IEP meeting. (It is courteousto let the school know in advance of themeeting if parents will be inviting people whoare not otherwise part of the team.)

An IEP team meeting can be an informal,relatively quick way to resolve disputes. Theability to effectively communicate andcollaborate with teachers and school districtpersonnel is an important skill for parents tomaster so that the student’s needs can be met.Establishing a productive working relationshipwith the school is vital because parentstypically are going to have to work with theschool for many years, potentially from the timetheir child is age three through age twenty-one.Therefore, the best approach is usually to makean earnest effort to work out disagreementswithin the IEP team setting before utilizing amore formal dispute resolution process.

2. File an Administrative Complaint withthe State Department of EducationIf parents are unhappy with the results of theIEP team meetings, they can file anadministrative complaint with the stateDepartment of Education ("DOE").Administrative complaints must be in writingand signed by the person who is filing thecomplaint. The complaint must include thename of the agency against which thecomplaint is made, a statement that the agencyhas violated the IDEA and/or the stateregulations contained in the AdministrativeManual for Special Education Services, adescription of the facts underlying the allegedviolation, the time frame in which the incidentoccurred, a description of the attempts made to

FALL 2001 • 21

Procedural Safeguards under the IDEA:

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resolve the dispute prior to filing the complaint,and contact information for the person filingthe complaint. Complaints have to be receivedby the DOE within one year of the allegedviolation, unless the violation is a continuingone, or unless compensatory services are soughtfor a violation that occurred within three yearsof the date the complaint is received.

In response to an administrative complaint, theDOE will conduct an independentinvestigation, give the person filing thecomplaint the opportunity to submit additionalinformation about the allegations contained inthe complaint, review all relevant informationand make an independent determination aboutwhether the school district is violating theIDEA, and issue a written decision thataddresses each allegation in the complaint,including findings of fact and conclusions oflaw and the reasons for the final decision. TheDOE’s decision must be issued within sixtydays, unless there are exceptional circumstancesthat justify a longer time. If the DOEdetermines that the school district failed toprovide appropriate special education andrelated services to a child who is the subject ofa complaint, the decision must address howthat denial will be remedied.

3. Go to MediationIn addition to filing a state administrativecomplaint, parents also can choose to pursuethe administrative hearing system known as"due process." However, the DOE cannotinvestigate and resolve the parts of anadministrative complaint that are also thesubject of a due process hearing. In that case,the DOE must wait for the due process hearingdecision.

Parents can choose mediation as an initial stepin the due process hearing procedure. InDelaware, mediation is provided through theUniversity of Delaware Conflict ResolutionProgram. Mediation is voluntary and free toparents. A trained impartial person will listento the parent and to the school district’sperspectives and help the parties work out asolution that is acceptable to everyone. Any

agreement reached by the parties in mediationmust be put into writing.

Mediation is less formal and is intended to beless adversarial than a due process hearing. Thecontent of the parties’ discussions in mediationis confidential and cannot be used as evidenceby either party later in a due process hearing orin court. One of the benefits to mediation thatthe focus is on not only resolving the currentdispute between the parent and the schooldistrict but also on helping the parties to repairor develop a productive working relationship sothat they can resolve other conflicts that arisein the future.

4. Request a Due Process HearingPerhaps the most well known proceduralsafeguard that parents can invoke under theIDEA is the due process hearing. This is anadministrative hearing before a hearing panelcomposed of three persons. (There also is aprocedure for requesting an expedited hearing.In that instance, a single hearing officer willhear the case.)

A due process hearing must be requested inwriting, addressed to the state Secretary ofEducation, and signed by the parent, guardian,or attorney for the child. The hearing requestshould include the child’s name and address,the name of the child’s school, a description ofthe problem, including the facts related to theproblem, and a proposed resolution to theproblem. Parents can request a due processhearing when they disagree with the schooldistrict’s decision about their child’sidentification for IDEA services, evaluation,educational placement, or the provision ofFAPE to the child. Parents might disagree withsomething that the school district proposes todo, or they might disagree with the schooldistrict’s refusal to do something that the parentbelieves should be done.

A due process hearing comes with manyprocedural rights. These include the rights tohave a fair and impartial hearing before a three-member hearing panel, to be represented by anattorney hired by the parents, to presentevidence, to confront and cross-examine

22 • THE AT MESSENGER

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adverse witnesses, to compel witnesses to bepresent, to prevent evidence from beingpresented at the hearing if it was not disclosedat least five business days in advance of thehearing, to be told about evaluations that havebeen completed and the resultingrecommendations at least five business days inadvance of the hearing, to receive a writtendecision from the hearing panel, to have thechild present at the hearing, and to decidewhether to have the hearing open or closed tothe public.

5. Appeal to Federal or State CourtIf parents are unhappy with the due processhearing panel’s decision, they can file a civilcomplaint in either the federal district court orin the state Family Court. Parents cannot file a

complaint in court without first going to a dueprocess hearing. Due process decisions must beappealed to court within thirty days of thehearing panel’s final decision. Parents mustchoose whether to file in federal court or statecourt. Although parents can go to a due processhearing without an attorney and representthemselves, they must have an attorney if theywant to pursue an appeal in federal court.

ConclusionCongress currently is debating the merits ofreauthorizing the IDEA. At least for now, theIDEA’s mechanisms for enforcing theprovisions of IEPs remain essential tools forensuring that children with disabilities receivethe free and appropriate public education towhich they are entitled under the IDEA. �

FALL 2001 • 23

Learning disabilities (LD) are neurologicaldisorders that interfere with a person'sability to store, process, or produce

information. The causes are unknown, but theeffects on performance can be profound, despitethe fact that individuals with learningdisabilities generally have average or aboveaverage intelligence. Learning disabilities canaffect a person's ability to read, write, speak, orcompute math, and can also impede social skillsand development. Performance can beinconsistent, with marked difficulties shown oncertain types of tasks, but above averageperformance on others (National Center forLearning Disabilities, 2002).

Learning disabilities are primarily thought to bea school-related issue. This is understandablesince common learning-related problems suchas dyslexia are usually first identified in earlygrade levels. Improved screening and betterawareness on the part of teachers has resultedin identifying as many as six to ten percent ofstudents as having some form of learningdisability (U.S. Department of Education,2000). There are over 2.8 million school-agedchildren who receive special education serviceseach year for learning disabilities (National

Center for Learning Disabilities, 2002). Otherstudents with LD are not formally identified;they get by with assistance from regulareducation teachers or learn to adapt as bestthey can.

What about implications in the workplace? Thecommon misconception is that this is only anacademic problem, not a lifelong concern, butlearning disabilities do not go away aftergraduation. The Foundation for Children WithLearning Disabilities (2001) estimates thatthere are at least six million adults withlearning disabilities. Many are underemployedand are passed over for advancement. Manyselect manual or physical work that requireslittle reading or comprehension of complexinformation. Since employers are generally notvery aware of potential LD issues, functionaldeficits can create job performance problemsafter individuals are hired.

Is assistive technology the answer?Learning disabilities, which are often subtle,hidden disabilities, are not one of the firstdisability areas where assistive technologyresources would be considered. In the past tenyears, there has been increasing awareness of

In the Workplace: Learning Disabilities

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the benefit of technology as a tool to help dealwith specific functional needs. One of theinteresting developments is the recognition thatsome technologies developed for otherapplications may also be useful to people withlearning disabilities. OCR (optical characterrecognition) reading systems are a goodexample. These tools were developed to enablepersons who could not see text to be able tolisten to it. This technology has proven to beeffective in dealing with functional problems ofpersons with learning disabilities.

Here are a few applications of other technologythat might address LD needs in the workplace:

• Scanning Technology that quickly copiestext into a computer can reduce problemswith document handling and inputting textinformation.

• Spell and Grammar Checkers are standardfeatures in word processing software thatare commonly used in writing and creatingdocuments. These features will not teachsomeone to spell correctly, but they canreduce problems faced by someone withdyslexia.

• Portable Reading Pens scan text to catchspelling and vocabulary errors whenindividuals are not working on a computer.

• Memory Aids, such as the popularpersonal digital assistants (PDA), can helpwith attention deficit problems or simplybe used as an organizational aid to planwork activities.

• Speech Recognition technology, or even asimple tape recorder, can alleviate problemswith writing for persons with dysgraphia.

• Graphics and Icon-Based Referencing canhelp people with some types of LD managetext-based information and navigatethrough information, such as on web sites.For example, many fast-food restaurantshave cash registers that use icons toimprove overall efficiency and reduceerrors.

• Calculators can help with problems ofdyscalculia that impact math skills, such aschange making and money management.

• Low-tech Accommodations such as color-coding of files or items, use of day plannersand monthly calendars and similarorganizational tools can help in manysituations.

Technology specialists that are familiar with LDissues can work with rehabilitation counselorsto analyze work tasks and determine specificproblem areas that an employee may have.Technology specialists may also be useful ifinvolved early in the rehabilitation process sothat their knowledge of possibleaccommodations can help employees lookbeyond previous academic frustrations whenformulating their vocational plans.

For more information on learning disabilities:

National Center for Learning DisabilitiesComprehensive resource on LDhttp://www.ncld.org

LD OnLineSchool-oriented site that also offers interestingdiscussion boards for possible work-relatedapplicationshttp://www.ldonline.org

Misunderstood MindsSpecial Public Broadcasting look at learningdisabilities that focuses on students with LD, buthas relevant content to relate to work issues.http://www.pbs.org/wgbh/misunderstoodminds/�

This material was provided by Tech Connections,a project funded by a grant from the NationalInstitute on Disability and RehabilitationResearch of the Department of Education. Formore information, visit www.techconnections.org

24 • THE AT MESSENGER

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For most Delawareans, the DATI’sAssistive Technology Resource Centersare their only source of equipment for

trial use periods or other circumstances inwhich AT is needed for a short time. As a partof a recent project providing intensive trainingabout AT for case managers from the Divisionof Developmental Disabilities Services, weacquired several new pieces of equipment. Weare grateful to the Delaware DevelopmentalDisabilities Council for the grant funding thatenabled us to provide the training and add thefollowing equipment to the DATI inventory:

Visual Assistant, AbleLink TechnologiesBIGmack, AbleNetJelly Bean Switch, AbleNetPenny & Giles Joystick Light, Don JohnstonAmazing Machine Ball Factory, Enabling

DevicesCyberBug, Enabling DevicesRunaway Mouse, Enabling DevicesSparkles the Clown, Enabling DevicesSmall Oval Texture Switch, Enabling

Devices

Chattervox (Voice Amplification System),Harris Communications

Picture WordPower for Pathfinder, InmanInnovations/Saltillo

New Talking Watch, LS & SCompact Talking Timer & Clock, LS & STalking Thermometer, LS & SWriting with Symbols, Mayer-JohnsonWrist Guide Support, Sammons PrestonLong handled toe nail scissors, Sammons

PrestonFlexible utensils – fork, Sammons PrestonFlexible utensils – teaspoon, Sammons

PrestonFlexible utensils – plastisol-coated teaspoon,

Sammons PrestonWrist Support w/Palmar Clip, R, reg 3",

Sammons PrestonWrist Support w/Palmar Clip, L, reg 3",

Sammons PrestonWeighted Cup, Sammons PrestonGrip-it multi-purpose tool, Sammons PrestonMedi-planner, Sammons PrestonWanchik's Writer #2, Sammons Preston �

FALL 2001 • 25

New Equipment Added to DATI Inventory

DATI Equipment Loan Policy

DATI has a wide variety of equipment at the AssistiveTechnology Resource Centers for the primary purposeof demonstration and short-term loan. The policy forthe loan of the equipment is as follows:

The standard loan period is two weeks, definedas the day borrowed (e.g., Monday the 10th) to thesame day two weeks later (e.g., Monday the 24th).Loans may be extended providing there are no nameson the waiting list and/or that an extension will notinterfere with an existing reservation. The maximumloan period is 4 weeks.

A maximum of four (4) devices may beborrowed at a time, i.e., during any single loanperiod. However, combinations of devices may betreated as a single device if the components areinterdependent—either operationally, or because onecomponent is required for the user to access another.

Equipment loans across state lines are notpermitted. Equipment must also remain in Delawarethroughout the loan period.

To Contact DATI’s CentralSite office or the ATRC closest to you, call 1-800-870-DATIPress #1 for English or#2 for Spanish,

then press

#3 for the Central Site office#4 for the New Castle County ATRC#5 for the Kent County ATRC#6 for the Sussex County ATRC

TDD callers: Do not press #1 or #2 andyour call will be answered on a TDD line atthe Central Site office.

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Manual, adult, Invacare Tracer EX, lightweight,folds, removeable arms, swing-away &removeable foot rests, owners manual, likenew, $300, Jack, 683-9458

Manual, adult, lightweight, for travel, gelcushion, $150, Esther, 764-7666

Manual, adult, standard, chrome, no back,footrest, good condition, $50, Bill, 629-6893

Manual, adult, Rolls 2000 LT, standard,footrest, red, $100, Bill, 629-6893

Manual, adult, Signature 2000 series, custommade Action AT frame w/ custom highback, standard, tilts, head & foot rest, plastictray, BO, Lillian, 410-398-3782

Devices NeededComputer, willing to pay reasonable price, P.J.,

349-9116House, accessible, in Eastern Pennsylvania,

willing to pay reasonable price, Lorenzo,201-930-9819

Rollator, 3-wheeled, basket, with or without aseat, willing to pay reasonable price,Frances, 368-1871

Van, w/ lift capable of holding a peron in apower chair, hand controls preferred but notneeded, willing to pay reasonable price,Paul, 328-3301

Video Eye Table Mounted Camera and Arm, formagnifying, willing to pay reasonable price,Karl, 992-3882/239-4939

Wheelchair, adult, manual, standard, high back,recliner, willing to pay reasonable price,Kenneth, 697-1816

Wheelchairs, (5) adult, manual, donation only,Maureen, 422-4014 x3106 �

Note: If you are looking for items not on the list, contactthe Central Site office at 1-800-870-DATI. New items areadded regularly. If there has been no activity orinteraction with the contributor to the list within sixmonths, items are automatically removed from the list.

Note on liability: The DATI assumes no responsibility forthe condition of any products exchanged through thisinformation service. It is the responsibility of the ownerto provide accurate information about productspecifications and condition. Additionally, terms orarrangements made for any product exchanges are thesole responsibility of the exchanging parties.

28 • THE AT MESSENGER

Marilyn Hammond, Utah Assistive Technology Program

Play is vital for all children’s growth anddevelopment. Children discover the worldaround them through seeing, touching,

tasting, hearing and exploring toys and otherobjects. Children master language and learnhow to communicate with other people throughplay. Physical play activities help children growstronger and develop better coordination.Children play with and control toys anddiscover how one action effects another. Feelingmore self-confident is a natural result.

Think about children’s preferences whenchoosing the most suitable toys. Traits of toys thatcan enhance learning and enjoyment include:

� AGE-APPROPRIATE: Would a peer of thesame age enjoy the toy?

� CORRECT ABILITY LEVEL: Is the toyclosely matched to the child’s presentabilities?

� GROWTH ENHANCING: Will the toypromote physical, mental, verbal or socialskills?

� CHILD-CONTROLLED: Can the childoperate the toy without help?

� REINFORCING: Does the toy interest,motivate, or excite the child?

� INTERACTIVE: Does the toy move, makea sound, or otherwise respond?

� DURABLE: Is the toy sturdy? Will it lastwith repeated use?

� SAFE: Does the toy have sharp edges, smallparts, wires, cords, strings, or elastic thatcan get tangled around the child? Toys madewith toxic or flammable materials shouldnot be purchased. Don’t let children play

Toys for Children with Disabilities

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with batteries. Repair or discard toys thatare broken. Close supervision is still the bestmethod to protect children from injury.

As you consider which toy to buy, decidewhether any changes are needed. Generallyspeaking, the more independently the child canplay with the toy, with or without making anychanges, the better. Some play ideas forchildren with specific disabilities follow.

Visual DisabilitiesChildren with visual impairments enjoy toys thatmake sounds, vibrate, have texture or scent, orare marked tactually (through touch). Toys maybe marked tactually with glue, plastic paste, tape,Velcro dots or Braille. Other options for childrenwith partial vision are toys that emit light; ortoys constructed with shiny, bright, contrasting,or colorful surfaces. Provide children with toysmade from a variety of materials with differenttextures such as stuffed animals, wooden blocks,and plastic cars to encourage exploration.

Hearing LossFor children with hearing loss, toys that havelights, print out messages, or are action packedmake good choices. One example for youngchildren is an activity center full of color andmotion such as a bright plate that turns on alight when touched, a bead chain curtain, anunbreakable mirror, a push button that controlsa small fan, and a big push button thatanimates an stuffed animal. Examples of actiontoys for older children include remote controlcars and trucks. Toys with intricate parts anddesigns are better choices for older children.Toys that foster thinking such as puzzles andshape sorters should also be considered.

Language DisabilitiesChildren with language impairments often findtoys and games that require talking difficult toenjoy. Dramatic play, such as playing "dress-up," can offer children a relaxed way ofincreasing their language and cognitive skills. Atoy cooking center where children can pretendto cook may also promote speech. Anotherexample is a remote control or switch-activatedjet with sound. These toys may encouragechildren to freely vocalize or talk.

Motor DisabilitiesChildren with motor impairments often havetrouble moving their hands, arms, or legs. Toyscan be kept within reach by placing them on atray, cookiesheet or box lid. Another method isto make a border around toys with pillows.Non-skid materials such as Dycem, ScootGuard, light-weight carpet padding, or rubberpads can be attached to the bottom of the toy orplaced underneath the toy. Toys can also bestabilized by adding suction cups, magnets, orvelcro strips. Handles can be added or enlargedwith foam curlers, rubber, or plastic coating.Light weight toys that do not require muchstrength may be easier for children to handle.

For children who cannot control arm movements,use unbreakable toys or attach toys to a secure,flat surface with clamps or other means. If thesurface slopes, the toy may move too far away.Position the toy about 12 to 18 inches away tokeep it within easy reach. Hanging orsuspending toys is another option. A scooterboard may supply the mobility needed to playwith toys and explore the environment.

Cognitive DisabilitiesChildren with mental impairments often enjoytoys that require only a few steps to work. Toysthat may not need to be adapted includemagnetized blocks, large crayons, knobbedpuzzles with a small number of pieces, and toysthat respond to touch or sound. Children canoften play with games if the rules aresimplified. Paper game pieces can be laminated.It is usually a good idea to select games thatchildren already understand and objects theyare familiar with such as cars, kitchen sets, andbaby dolls. Children generally like toys thatmove and make sounds by activating a switch.Switches that require only one movement toturn on are easier to use than those that requirerepeated motions.

Multiple Disabilities and SwitchesFor children with more than one impairment orfor children who are unable to move, adapted orspecialized toys may be the best choice. Avariety of mail order catalogs sell toys forchildren with disabilities (see the list at the

FALL 2001 • 29

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end). Toys may also be custom designed oradapted by professionals such as engineers,teachers, and therapists. These toys often use abattery or are plugged into a socket. The toy isusually operated by a remote switch instead ofthe switch on the toy. The remote switch turnsthe toy or game on and off, just like using alight switch. A battery-operated toy needs anadaptation to the on-off switch so that a remoteswitch can be used. This adaptation can bepermanent or temporary. Both can be madeinexpensively at home. Books and booklets withdirections for making temporary andpermanent toy adaptations are listed at the end.These toys are generally more expensive. Also,adapted toys tend to break more easily, so lookclosely at the warranty.

Finding the best switch for a child to userequires a good evaluation. The evaluationfocuses on movements the child can makewithout assistance. The type of switch selecteddepends on the child’s strength and voluntarymovements. A switch may also be chosen topromote desired movement. A switch can bepositioned almost anywhere. Care must betaken so that abnormal movements are notincreased by using a switch. Don’t forget toconsider the child’s desires when choosing aswitch or toy.

Switches come in many shapes and sizes withvarying sensitivity and durability. Theseswitches can be activated by a variety ofmovements including blowing into a straw-likedevice; tilting the head; or by movements of thechin, foot, hand, or finger. Switches can alsooperate things like mixers, toasters and otherdaily living items, resulting in moreindependence.

Playing with switch-activated and other adaptedtoys can provide the feeling of I did it! forchildren with disabilities. This feeling ofsuccess is often quite difficult for children withdisabilities to achieve. Recognizing andrewarding children’s efforts and successes on afrequent basis also helps foster positive feelings.With a little effort and planning, play canbecome a happy and rewarding experience.

Resource Web Siteswww.familyvillage.wisc.eduwww.empowermentzone.comwww.disabilityresources.orgwww.makoa.org/ http://codi.buffalo.eduwww.irsc.orgwww.familyeducation.com/homewww.ala.org/parents/index.htmlwww.afb.org www.php.comwww.toy-tma.org �

Reprinted with permission from UATPower ofIndependence (Spring 2000), the newsletter of theUtah Assistive Technology Program.

30 • THE AT MESSENGER

Promising Product -Reading Helper

Anecdotal reports suggest that somestudents with learning disabilitiesare able to visually focus on words

printed on colored paper or viewedthrough a colored lens or overlay. TheReading Helper is a low-cost product toadd a color highlight to printed documents.It is a 7-inch-long, 1.25-inch-wide readingguide with a plastic color filter down thecenter. When placed on top of the line tobe read, the transparent, colored plastichighlights the line and helps the readerfocus on the words to be read. ReadingHelpers with yellow, green, blue, red, andpink filters are available. They are sold for$1 - $2 each.

Contact:Reading Helper, Inc.Fax: 954-344-2133E-mail: [email protected]

Onion Mountain Technology, Inc.Phone: 860-693-2683; Fax: 860-693-9433http://www.onionmountaintech.com/products.htm �

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SPRING 2002 • 31

DATI Mailing List Application

Name____________________________________Title____________________________

Affiliation________________________________________________________________

Address (check one) __Business __Residence

_________________________________________________________________________

City/State/Zip_______________________________________________________

Phone: Business_______________FAX_________________Residence___________________

Email Address:_________________________________________________________________

Non-Delaware Residents: If you wish to receive copies of The AT Messenger, the annual subscriptionfee is $20. Make checks payable to the University of Delaware (EIN 51-6000297) and mail it to theaddress shown below with this completed application form.

Delaware Assistive Technology InitiativeUniversity of DE/duPont Hospital for ChildrenP.O. Box 269, 1600 Rockland Rd.Wilmington, DE 19899-0269Phone: (800)870-DATI or (302)651-6790TDD: (302)651-6794 FAX: (302)651-6793

I am a:____Person with a disability

(please specify):___________________________________

___Family member of a person with a disability

___Friend/advocate/colleague ofsomeone with a disability

___Professional working withpeople who have disabilities(please specify)_____________

___Interested citizen___Other (specify)_____________

Accessibility Needs:

___Braille___Large print___15/16 Audiotape___1-7/8 Audiotape___ASL Interpreter___Tactile Interpreter___Transportation___Spanish

I would like to be involved in:___Technology users peer

network___Service provider network___Funding initiatives___Presenters network___Project governance

(boards & committees)___Advocacy activities___Volunteer work as:______

_____________________

Please Keep Us Posted!

Has your address changed? Are you receiving duplicates?

If the address we have for you is incorrect, please type or print yourcorrect address and forward it to DATI along with the current mailing label. Ifyou no longer wish to receive this newsletter, please contact our office or sendus your mailing label with “discontinue” written next to the label. Thanks foryour cooperation.

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SPRING 2002 • 32

Delaware Assistive Technology InitiativeCenter for Applied Science & EngineeringUniversity of Delaware/duPont Hospitalfor ChildrenPO Box 269Wilmington, DE 19899-0269

Address Service Requested

Nonprofit OrganizationU.S. Postage

PAIDNewark, Delaware

Permit No. 26

The AT Messenger is published quarterly by the Delaware AssistiveTechnology Initiative (DATI).

Delaware Assistive Technology InitiativeCenter for Applied Science & EngineeringUniversity of Delaware/duPont Hospital for ChildrenP.O. Box 269, 1600 Rockland RoadWilmington, DE 19899-0269Phone: (800)870-DATI or (302)651-6790TDD: (302)651-6794; FAX: (302)651-6793E-mail: [email protected]; URL: http://www.asel.udel.edu/dati/

Beth Mineo Mollica, DirectorThomas McDonough, Funding & Policy SpecialistSonja Simowitz, Project CoordinatorJoann McCafferty, Staff Assistant

DATI is a joint project of the Center for Applied Science &Engineering at the University of Delaware and the duPont Hospitalfor Children.DATI is funded by the National Institute on Disability andRehabilitation Research of the U.S. Department of Education, Grant#H224A10005. This publication does not necessarily reflect theposition or policy of NIDRR/ED, and no official endorsement of thematerials should be inferred.The University of Delaware is an equal opportunity employer andprohibits discrimination on the basis of race, color, creed, age,national origin, marital status or disability in conformity withapplicable laws.

DATI RESOURCE CENTERSTHROUGHOUT THE STATE…

1-800-870-DATI

New Castle County ATRCEaster Seals of Delaware andMaryland’s Eastern Shore61 Corporate Circle, CorporateCommonsNew Castle, DE 19720-2405(302) 328-ATRC; (302) 328-2905(TDD)

Kent County ATRCEaster Seals of Delaware and Maryland’s Eastern Shore100 Enterprise Place, Suite OneDover, DE 19904-8200(302) 739-6885; (302) 739-6886 (TDD)

Sussex County ATRCEaster Seals of Delaware and Maryland’s Eastern ShoreDelaware Technical & Community CollegeJason Technology Center, Room 104Rt. 18, P.O. Box 610Georgetown, DE 19947-0610(302) 856-7946; (302) 856-6714 (voice or TDD)

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