Wednesday, March 28, 2007

Chris Lowery: Championship Coach, Father of a Child with a Disability


In a previous post, I misidentified the disability that Chris Lowery's son had, and I apologize for that. I wanted to re-post this story with the correct information because it is compelling.

Chris Lowery is the head basketball coach of the Salukis of Southern Illinois University. As a former star point guard at SIU, he is closely tied to the university and to the southern Illinois community.

He led the Salukis to the regular season championship in the Missouri Valley Conference. They made it to the championship game of the MVC Tournament before losing to Creighton in the finals in a game broadcast nationally on CBS.

The Salukis were granted an at-large bid to the NCAA Tournament, and the selection committee made SIU the 4th seed in the West region. They lived up to expectations: SIU beat Holy Cross and Virginia Tech (out of the ACC), before falling to top-seeded Kansas 61-58 in the regional semi-finals.

This year's team was only the 3rd Saluki team to advance to the Sweet 16, joining the teams from 2002 and 1978.

Chris Lowery is now on the short list of a lot of prominent coaching jobs: The University of Iowa, the University of Michigan, and the University of Arkansas, among others. I wish him well and think he would do a great job in any of those positions.

There is one factor, however, that he has to consider when selecting a job. He and his wife are parents of a child with cerebral palsy. According the interview on ESPN radio, his son also has a "shunt" in his head. The doctor that invented the shunt, which saved his son's life, works in St. Louis, which is only 2 hours from Carbondale.

Doug Gottlieb, the host of the radio show, also pointed out that when Chris first took the job at SIU, his other child was also in the hospital after being born premature. He would run basketball practice in Carbondale and then drive up route 127 to I-64 to attend to his children's medical needs. And they continued to win games. Mr. Lowery certainly has overcome challenges in his life.

He spoke lovingly of his son and he is certain to take his son's needs into consideration when taking a new position with a "big time" program.

Any of those schools would do well to add a quality person like Chris Lowery to their athletic department.

Senator Niehaus Lays Out Case for Medicaid Buy-In


There is an excellent editorial that Senator Tom Niehaus submitted to one of the local papers in his district. He lays out a compelling argument to pass Senate Bill 4, Medicaid Buy-In.


As a member of the Senate Finance and Financial Institutions Committee that heard testimony on the bill, I was inspired by testimony from individuals from around the state who were simply asking for the ability to go to work.


At a time when we often hear criticism about the work ethic of some people, it was disturbing to hear from others who wanted to work but could not afford to keep their job.


There is more than just the personal satisfaction that comes from having a job. There are direct economic benefits to both the workers and the rest of us. These workers will pay taxes, and, as their income goes up, they will be spending that money on other goods and services.


Tuesday, March 27, 2007

Dispatch In Favor of Merging Deaf, Blind Schools


The Editorial Board of the Columbus Dispatch has weighed in in favor of merging the Ohio School for the Deaf and the Ohio School for the Blind.


They cite the fact that only 270 students attend both schools and to have separate gyms and other facilities doesn't make good financial sense. They are right on this point.


What the don't really do is address the main issue from the deaf community - undercutting their identity as not being a person with a disability.


Culture clashed are going to be unavoidable. They come with the territory. But there is no reason to think that there would be more problems at a merged school than there would be at any other school filled with young people struggling to find their places in the world.

Rather than diminishing the two cultures, such interaction will enhance them.


Obviously, some deaf alumni disagree.

Monday, March 26, 2007

Bucyrus Senior Auction To Raise Money for Students with Disabilities


Great idea, but they might want to look at re-tooling the execution of it.

At Bucyrus High School they had a wonderful idea: to raise money so that students at their school with disabilities could go to Cedar Point on ARC of Ohio day. That is a wonderful chance for those kids with disbilities to have a great day of fun at one of America's best amusement parks.


They might want step back and re-think the concept, however. Apparently, the seniors auction themselves off as a "slave" for a day.


"My brother did it last year, so I have been looking forward to it," (Jon) Crider said, just after underclassman Hali Brooke won the bid that will make them her slaves for the school day Thursday.


The seniors who participated will do things for the underclassman who purchased their services, including carrying books to class and getting their lunch.


"The kid have fun doing it and the proceeds always go to a good cause," Principal Jim Oyster said.


I'm sure that is all true, and it is inspiring to see kids giving of their time and treasure to help students with disabilities.


I just wouldn't expect to see this particular fundraiser idea go over so well at, say, Columbus East.


I think "rookie for a day" or "freshman for a day" might come off a little better.


Bloodhounds Can't Track Children With Down's Syndrome?


In running my Internet search for disability news, I came across a grant from the Clay Aiken Foundation that sounded a little odd...


In honor of National & Global Youth Service Day, the Bubel/Aiken Foundation awarded various grants, including...


After learning that scent-trailing dogs have difficulty tailing people with Down’s syndrome, Hillary, age 19, from Brewer, Maine was awarded a grant to launch a public service campaign about this topic alongside 25 youth with and without disabilities. They will reach out to police who will share the information with the National Down’s Syndrome Society, bloodhound training organizations, and search and rescue organizations.


I'm certainly no genetic engineer, but for the life of me I can't see why a bloodhound wouldn't be able to pick up the trail of a child with Down's Syndrome. But apparently they can't.
You learn something new every day.


Wednesday, March 21, 2007

Foreign Nationals Can't Rent Wheelchair Vans In the U.S.


For the past several days I have been attempting to solve a problem that now does not appear to have a satisfactory solution. It is certainly not a problem on a grand scale, but if you are the one affected, it is a big deal.


I have been in contact with a gentleman from Germany who uses a wheelchair. He is planning to fly to Ohio next month. He would like to rent an accessible van, meaning one with a ramp or a lift. He doesn’t drive, but he has two able-bodied, licensed and insured attendants who will be making the trip with him. One of his attendants would be the one to actually rent the van.

My research has shown that it is impossible for a foreign national to rent an accessible van in America. I hope I am wrong, but I am starting to think this is sadly the case.

The companies that rent accessible vans in Ohio (Wheelchair Getaways and Mobility Works) aren't able to sell insurance to renters to cover their cars. These companies also cannot be sure that foreign insurance will cover an accident occurring in an American rental car. Because of this, they only rent to drivers who can demonstrate full insurance coverage.

The foreign traveler can’t demonstrate insurance coverage that is certain to cover an American accident, and the accessible-van rental company doesn’t sell insurance, so foreign travelers appear to be blocked from renting an accessible van in our country.


When a "regular" foreign national rents a “regular” car from a national car rental company, he or she (if they are smart) usually purchases the supplemental insurance policy to assure coverage. But national companies (i.e, Enterprise, Hertz) do not have accessible vans in their fleet, so they are not an option for a foreign national who needs an accessible van.

There are national insurance companies that sell temporary automobile insurance policies to foreigners (i.e., AIG), but they do not cover rental cars and they do not cover accessible vans, sports cars, or “high performance vehicles.”

So there appears to be nowhere to turn to solve this problem.

If we want foreigners with disabilities to come to America for business or pleasure, there should be a way they can rent an accessible van and the necessary insurance to go with it.

Man Claims Flooding Prevents Him From Building Wheelchair Ramp


A man in Lorain County says the flooding in the area has eroded the soil and is eating away at the foundation of his mobile home, preventing him from building a wheelchair ramp for his wife.


James Sabo wants to build a ramp for his wife, Lela, who has multiple sclerosis. He says the conditions in his trailer park would cause the ramp to sink or rot.


Sabo said the ground around his home at the Twin Lakes trailer park in Elyria has been turned into swampland.


He said the owner tried to clear trees and brush on his own and then tried to build up the ground with topsoil.


But Sabo said he believes bad landscaping created poor drainage and water flowing toward his trailer home.
The owner of the trailer park is sympathetic to the Sabos, because his own wife died from MS. But according to owner, Mother Nature is causing the flooding, not poor landscaping.

Tuesday, March 20, 2007

Deaf Culture Opposed To Merging With School for the Blind


There is opposition - stemming most vociferously from the deaf culture - to a proposed plan to merge the Ohio School for the Blind with the Ohio School for the Deaf.


To the non-disability world, it would seem to make clear sense to merge the two and share facilities. They share the same land (Morse and Indianola) and making two schools into one would make good financial sense.


On the other hand, I've never understood any plan that brought these two groups of disabilities together for any reason whatsoever. If you devoted untold energy, you simply could not bring together two groups that have less in common than these two disability groups.

Deaf people can't hear blind people talk.

Blind people can't see deaf people sign.

There are ways to communicate, of course, depending upon the ability of the deaf person to speak, read lips and/or use assistive technology. But in many cases, that's the end of the story.


An 80-year old village elder from the jungles of central Africa and a 6-year old girl from Topeka, Kansas thrown together in a room can often communicate better with one another than can two teenagers from Columbus, when one is deaf and one is blind.
I'll stay out of the argument, because it really isn't mine to make. But it is always interesting that a person who is blind usually doesn't have a problem being viewed as a person with a disability, and people who are deaf often have a big problem with it.



Ray Jones Memorial Fund Established


Delaware Creative Housing has established a fund in honor of Ray Jones, the disability champion who recently passed away.


Thanks to Dave Zwyer of the Ohio Developmental Disabilities Council for passing this information along...


The Ray Jones Memorial Fund has been established, for individuals in need of environmental modifications with no other funding source available to them.

Anyone may donate to the fund at any Park National Bank or send to:

Delaware Creative Housing
C/O Ray Jones Memorial Fund
437 Dunlap St. Delaware, Ohio 43015.

This is a tax deductible contribution and these funds are resticted for this sole purpose.
Spread the word

Michael Corbett, Executive Director
Delaware Creative Housing/Creative Living Systems

Mental Illness Can Make Employment Decisions Difficult


There is a recent decision from the U.S. ninth circuit court that highlights the difficulty that sometimes arises in the employment of people with mental illnesss. The case is summarized in an article written by attorney Kelly McCarthy Sutherland.

Gambini v. Total Renal Care involves a contract clerk, Stephanie Gambini, who notified her employer she was being treated for bipolar disorder.

About a year after notifying her employer of the issue, her symptoms became worse. When Ms. Gambini received a "performance improvement plan" she did not take it well.

Gambini began crying when she read the plan. After she finished reading it, she threw it across the room and shouted profanities at the supervisors. She left the room and returned to her cubicle where she kicked and threw things. The next day, she checked into a hospital.

After receiving complaints from co-workers, Ms. Gambini was fired, and she filed suit against her employer.

The crux of the case involves a whether a judge should have allowed a specific jury instruction.

At trial, she argued that the jury should be instructed that if her outbursts were due to her disability, her employment could not be terminated because that is the same as if she was being terminated because of having a disability.


The trial court refused to allow that instruction, but the Ninth Circuit, applying Washington law, held that Gambini's proposed instruction should have been given.

The difficulty is drawing the line regarding the code of conduct expected in a work place. If a litigant to convince a jury that breaches of conduct are related to their disability, it becomes unclear when an employer is appropriate to fire an employee for breaches of conduct.

This is difficult. In my experience the reason people with mental illness have difficulty keeping a job is rarely due to their inability to perform the work, but rather to behavioral issues such as breaches of conduct, tardiness, or attendance.

Monday, March 19, 2007

New Technology To Allow Blind People To Enjoy Streaming Video

One of the greatest challenges in making the Internet accessible to all is the population of people with visual impairments.

IBM is trying to change that.

Streaming video has exploded on the Internet, fueled by YouTube and other video sites. Anything, including the previous evening's American Idol performances, can be found on the Internet.

For people who are blind, streaming video is very problematic. Obviously, they can't see what is going on, and the audio descriptions are often absent, of poor quality, or agonizingly slow.

This new tool, which has yet to be named, will increase the ability of blind users to control the presentation with smartkeys. They will be able to increase or decrease speed, raise or lower the volume, and other functions without the use of a mouse.

Personally, I wouldn't have announced it until I had named it, but that's me.

Friday, March 16, 2007

Welcome To Melissa's World

This is a short movie about a young girl with cerebral palsy who is transformed by her family, her faith, her school, and the assistive technology that allows the world to know and understand her thoughts and dreams.

British Shop Owners Pass On Chance To Shop "Disabled"


Thirty-five store owners, in Huntingdon, Cambridgeshire, England, were recently given a unique opportunity.


Shopmobility is a program designed to make shopping easier for people with disabilities.


The makers of the program extended invitations to 35 local shopowners to use scooters and wheelchairs to go shopping in local stores, including their own.


(Debbie Drew, coordinator of the research) wants shop managers to see for themselves the potential problems for customers with mobility problems and what they could do with layout to help them.


Out of 35 invitations, the number of took Shopmobility up on their offer?


One.


So if you ever go to Huntingdon, make sure you go buy your cards at the Card Gallery. John Nunn, the owner, was the only one willing to take part.

San Jose: Not In My Spacious, Historical Backyard

In the Hensley historical district of San Jose, the homes are large, rustic, unique, and close to downtown.

Many people see it as a chance to own a spacious, Victorian home that doesn't look just like all the others around it.

Mary Tucker bought a 1909 Craftsman bungalow in a historic San Jose neighborhood 10 years ago and, like many of her neighbors, spent a fortune restoring it to mint condition.

But, as always happens in life, someone comes along and ruins things. Cue the dramatic music...

A few doors away on North Fifth Street, Okon and Ini Uboh paid $800,000 for a vintage Victorian to create a place for disabled adults to enjoy a better life.

The spacious homes in older neighborhoods have proved ideal to house people with mental and physical disabilities as well as recovering alcoholics and drug addicts. But residents in these neighborhoods say they shouldn't bear the burden of an overabundance of social services.

The residents of the Hensley historic district are fighting to stop the trend of these historical houses being used as group homes for people with disabilities. They have banded together to attend meetings of the San Jose Planning Commission to convince them to stop the expansion of these types of homes.

"I work four blocks away," Tucker said. "In the four-block walk, I pass seven licensed and unlicensed group homes."

The residents are probably right. I mean, nothing ruins the historical backdrop, nuance and aura of a rustic, Victorian neighborhood like having people with disabilities live in it.

But the fight, the neighbors assure, does nothing to diminish the abounding compassion they feel in their hearts for people with disabilities, especially the ones who live in other neighborhoods...

"People who live downtown are some of the most compassionate people you'd want to meet," (Lenora Porcella, president of the Hensley Historic District Neighborhood Association) said.

"You couldn't live here and wake up with homeless on your porch and petty theft and people who stumble and bumble past your house every day if you weren't a compassionate person."

Perish the thought.

Wednesday, March 14, 2007

"Next Chapter" Book Clubs Continue To Grow Nationwide


It's amazing how a simple idea can make a difference in people's lives, and how that idea can spread across the country.


In 2002, the professionals at the Nisonger Center at The Ohio State University started a Next Chapter reading club for people with disabilities. Since that time, groups have sprouted across the state and the country.

The reception - and the media coverage - has been positive. Today's latest installment comes from the city of St. Louis.


Congratulations to the Nisonger Center.

Governor Strickland Mentions Disability In State of the State


It is always a good day when a head of state - in this case our Governor, Ted Strickland - takes time to mention people with disabilities in the State of the State speech.


And for Ohioans with severe disabilities who want to work but who are afraid of losing their Medicaid coverage if they become employed, we will allow those individuals to work and to maintain coverage by buying into Medicaid.


Governor Strickland was always on board with Medicaid Buy-In, but it was good to hear him cover it in this important speech.


Tuesday, March 13, 2007

Medicaid Buy-In Passes Ohio Senate!


The Ohio Senate, just minutes ago, passed Ohio's Medicaid Buy-In bill! Thanks to the original sponsor - Senator Steve Stivers.


There are advocates that have worked for YEARS to see this important step in the process to improve employment opportunities for Ohioans with disabilities.


Medicaid Buy-In would allow Ohioans with disabilities who are on Medicaid to earn more money and keep the health insurance they need to live.


This will remove a powerful disincentive to work for this population.


This is a great day for Ohio's disability population -- and there are so many thanks to send out, far too many to mention.


Congrats to all. On to the House!


Monday, March 12, 2007

Rehability: The Assistive and Adaptive Technology Store

This is a video about Rehability, a new type of assistive technology store. It is located in Allentown, Pennsylvania. It is a store that is full of different types of assistive technology to enhance independent living, comfort, and recreation. So much of this industry is catalog and Internet - it will be interesting to see if they can make it work. I wish them all well.

Partial Victory In Comfort Dog Case


Chris Storm was awarded $45,000 by a jury in Sacramento, which is being viewed as a partial victory.


Ms. Storm claimed she was fired over the issue of a "comfort dog" in the workplace. But, in the end, the jury never looked at that issue.


(Ms. Storm's attorney, Gay Carroll, right, gave a lengthy post in response to my previous post about this case.).


There was potential for it to be "groundbreaking" (Ms. Carroll's words), due to the issue of the use of comfort dogs in the workplace for people with mental illness.


Unfortunately (for Ms. Storm), the jury never addressed that issue because they did not feel she presented adequate evidence of actually having a mental health problem, which would bring the necessity of the dog to the fore.

The jury felt that Ms. Storm was, however, retailiated against for filling a disability claim. Even though they felt the claim was probably ultimately unmerited, they ruled the employer did not allow Ms. Storm to go through the proper procedures.


So instead of having a "comfort dog" case, you ended up with a woman who was fired for filling a disability claim, which is important, but not that unique and potentially "groundbreaking."

Senator Thomas Eagleton - Rest In Peace


A special word of thanks for the public life of Senator Thomas Eagleton.
He was a long-time Senator from Missouri, a neighbor to my home state of Illinois.

For all of his political accomplishments - and there were many - for most he will be remembered for being the vice presidential candidate of George McGovern for 18 days in 1972.

After agreeing to run with McGovern, it became public that Senator Eagleton had battled with depression, including the use of ECT - electroconvulsive therapy. He was forced to withdraw his name from consideration for the nation's second highest office.

Since 1997, McGovern has stated publicly several times that he made a mistake and should have kept Sen. Eagleton on the ticket.

Eagleton retired from politics in 1987 after 18 years in the Senate and 31 years in elected office. He never lost an election. He vowed he would never run again, and he kept that promise.

He went on to be a force in St. Louis civic society including being instrumental in convincing the Los Angeles Rams to move there operations to the gateway city.

St. Louis also may never live down the senator's witty description he used to sway the Rams' owners. Asked about the region¹s nightlife, Sen. Eagleton quipped, "We're like a raucous Des Moines."

The mental health community owes a tremendous debt of gratitude to Thomas Eagleton for his unflinching approach to his past depression issues. He continued to live a public life of grace and accomplishment for 40 years following his treatment, giving an example to all who have fought against and struggled with this condition.

Rest in peace.

Thursday, March 08, 2007

Biomarkers Offer Early Warning of Carpal Tunnel, Research Shows


Groundbreaking research conducted at Temple University shows that human bodies issue different types of chemicals - biomarkers - preparing the body for to gird itself against repetitive motion injuries.


The key to carpal tunnel research has always been in early detection, because by the time there are symptoms of the condition, the damage has already been done.


For the study, they recruited 22 participants who were suffering from repetitive-stress injuries, including carpal tunnel syndrome, tendonitis, and other wrist and shoulder injuries, and nine healthy subjects. After a physical examination that rated the severity of symptoms ranging from pain to range of motion, participants were given blood tests for evidence of biomarkers.


"The blood tests revealed significant levels of several types of inflammatory mediators - biomarkers - which signaled an underlying problem," said Barr. "Also, the more severe the injury, the more biomarkers there were."

Not Your Typical Disability Fraud Case

There are certain people who shouldn't try to get away with fraudently claiming disability. Englishman John McGown is one of those people.

Mr. McGowan of Clitheroe, (Lancashire, England) is being taken to court over allegations of improperly receiving disability benefits. McGowan was a former employee of the city of Clitheroe, a small town in the Ribble Valley of Lancashire, on the east side of central England.


The prosecution allege that McGowan was claiming the benefit between 2004 and 2006. During that time they say he was seen playing golf at Stonyhurst Golf Course, shopping in a supermarket and doing a paper round.


The total overpayment that is alleged is approximately 13,000 pounds, or $25,000.


McGowan's former job?

Mayor.

Ken Ritchey Takes Post In New Jersey


Ken Ritchey, the former director of the Ohio Department of Mental Retardation and Developmental Disabilities, has taken a high ranking job serving the people of the state of New Jersey.


Kenneth Ritchey will earn $126,000 as assistant commissioner of the Division of Developmental Disabilities, where he will oversee seven institutions and services for 35,000 people. While working for Ohio since 1999, Ritchey said he able to ferret out federal funding to expand community programs, including those that enabled disabled people to remain with their families.

"The first thing for me is learning and listening to people who have been doing the job for five, 10, 15 years," said Ritchey, 59-year-old Virginia native.


I've only been working in the developmental disability field since 2000, and Ken Ritchey was the only director of MR/DD that I've ever known or worked with, and it was a pleasure on both counts.


One of the things he did best was include interest groups in the decisions he had to make, big or small. He tackled some tough issues in his time; he did not pick the perfect time to be the director of MR/DD. But I thought he was outstanding, and I wish him well in New Jersey.


Wednesday, March 07, 2007

Judge: No New Trial For Liz Carroll



Liz Carroll - the foster mother convicted in the murder of Marcus Fiesel - will not be granted a new trial, a judge ruled today.



"It is important to remember that all jurors . . . are ordinary citizens," (Common Pleas Judge Robert Ringland) wrote in his decision. "To require (jurors) to explain their decisions in a 'legally appropriate' form or to dissect their every word in the context of an interview is more than the law can reasonably expect."

He said the federal law prohibiting the admission of juror testimony to negate a jury verdict dates to the early 1900s.

"This principle is designed to ensure the finality of verdicts
and to protect jurors from being unceasingly harassed by defeated parties," he writes.

Can Employers Ban "Comfort Dogs" From The Worksite?


There is an interesting case out of the state of California involving service animals.


A woman, Chris Storm, worked as the fiscal director at a mental health clinic. Ms. Storm periodically has to deal with depression and anxiety, and for years she was allowed to bring a "comfort dog" to work to help her through the day.


In 2002, her dog passed away, and for six months she did not have an animal until she acquired Lacey.


A new director of the agency came in and told Ms. Storm she could no longer have Lacey in the office. The new director said that Ms. Storm got along fine without a dog for a six month period of time. Ms. Storm got a doctor to attest to the necessity of having the comfort dog, and registered Lacey as a service animal.

The clinic director held her ground. A few weeks later when Storm returned to work with Lacey, Stanton fired her, Storm said.

Storm claims in her lawsuit that the clinic failed to provide her reasonable accommodation for her disability, and discriminated and retaliated against her in violation of the state's Fair Employment and Housing Act.
The employer is saying they didn't fire her for the dog, and that her job was outsourced to save money.
On Tuesday clinic director (Meghan) Stanton said in testimony that "it's difficult to weigh the needs of one individual against an entire organization."
Yes it is. And that is why we have the ADA - to spell out when meeting the needs of a person with a disability is appropriate and required.
There was one funny (at least to me) legal fight over the dog...
Getting Lacey into court was a major legal fight before the trial.

Storm wanted her dog with her, but the defense wanted the cute dog kept out so jurors wouldn't be prejudiced. Judge Steven Rodda compromised, allowing the dog but forbidding lawyers from making reference to its presence, the attorneys said.

Tuscarawas County MR/DD Holding On to 'MR'


The Tuscarawas County Board of Mental Retardation and Developmental Disabilities voted to keep the words 'Mental Retardation" as part of its name, going against a current trend to drop the words.


Natalie Lupi (right), the superintendent of the board, deftly explained their reason for keeping the name, without actually giving a reason.


“About six counties in Ohio have dropped the MR and now just go as Developmental Disabilities,” Lupi said. “We’ve talked about it. Some people think its redundant, others say the MR is exactly the reason local boards were established. We’re approaching our 40th year here, and I think the board is going to leave the MR where it is. We’ve always gotten a lot of support from the community.”

Tuesday, March 06, 2007

Prosecutor: Liz Carroll Doesn't Even Deserve A Hearing for a New Trial

The Clermont County Prosecutors office feels that Liz Carroll is not entitled to a new trial - or even a hearing seeking a new trial.

Imagine that - the prosecutor is opposing the motion to grant the trial in a high-profile case he a just won.

But the arguments provoke thought.

What jurors say to anyone – including the news media – after reaching a verdict can’t be used as evidence of misconduct, the prosecution memo said.

The rules of evidence in such cases are “designed to ensure the finality of jury verdicts and to protect jurors from being harassed by defeated parties,” according to case law cited by the prosecutors.

He's got a point.

The True American Idols

A Mom in Massillon, Ohio has taken extraordinary steps to make sure that her daughter had a chance to be a cheerleader.

And, no, this doesn't have anything to to do the Mom in Texas who committed felonies to try and open up spots on the high school squad.

Kathy Catazaro-Perry said she wasn’t trying to save the world when she created the “American Idols,” a cheerleading squad for special-needs children. She said she simply wanted to ensure that her baby daughter Vanessa can someday cheer and dance like her three big sisters.

The members of the team range from 4 to 25 and have a wide range of disabilities, which can be a challenge in having them all work together. Her daughter, Vanessa, was born with Downs Syndrome.

Ms. Catazaro-Perry is a member of the city council and runs a gym called American Elite. She was a former high school majorette and a "competitive dance-mom."

“Not every little girl, but a lot of little girls want to be cheerleaders,” she said. “When you get up to the level where you have to try out for cheerleader and you don’t make it, it’s devastating. I’ve had to see girls not make it, cry to their moms and dads. It’s devastating.

“These girls (American Idols) don’t have to make it. They can just join.”

Of course the next step in this heartwarming story will be the arrival of a cease and desist letter from Fox, threatening to shut them down if they don't stop using the name of their runaway hit show.

TyKiah Wright To Get Prestigious Disability Award


TyKiah Wright, of WrightChoice, has been chosen as one of two people to recieve this year's Paul G. Hearn / American Association of People with Disabililities Leadership Award.

National political leader Congressman Charles Rangel (D-NY) has been asked to present the award to TyKiah.
The nonprofit organization she created, WrightChoice, Inc., helps build bridges between college students with disabilities and the workforce, complementing their educational experience with on-the-job training. It also addresses diversity related training needs for employers, offering seminars focused on disability awareness, the use of technology in the workplace, and leadership.
Congratulations to TyKiah Wright. Amazing.

My Favorite Baseball Coach - Billy Hatcher

I took a little trip with my 8-year old son David to Florida to visit my wife's grandparents, so no posting for three days.
Here's a quick non-disability post.

Yesterday we went to the spring training game in Sarasota between the Reds and Phillies. We had great seats behind the dugout, and it was 70 degrees without a cloud in the sky. Life was almost too good to be true, but we had to catch a plane.
We had to leave after the top of the fifth inning. As the last out was being made, I was packing up our stuff to go to the airport, and the Reds were coming off the field.

Billy Hatcher(#32, at right with Ken Griffey), a former Reds player and current first base coach, had the game ball in his hand. David looked at him, and he looked at David. David opened up his arms, and Billy Hatcher just tossed him the ball. Simple as that. And David hasn't come down from the clouds yet.

From Sarasota to Charlotte to Columbus through breakfast this morning he never let go of that ball, and he never stopped talking about his new hero, Billy Hatcher.


Just a little thing like that can brighten up a kid's whole world. My thanks to Billy Hatcher of the Cincinnati Reds.

Friday, March 02, 2007

Liz Carroll Seeks New Trial - And May Get One

Liz Carroll's attorney has filed a motion for a new trial, and judging by statements made by a juror and reported in the Cincinnati Enquirer, she may get one.

Citing an article in the February 23rd Enquirer, Attorney Greg Cohen filed a motion saying that the jury was prejudiced against his client before the trial - and certainly before deliberations - began.

Juror Patti Weinstein, a neighbor of Enquirer (usually sports) writer Paul Daugherty said several things in an interview with Daugherty that that do bring her impartiality into question:

In the filing, Cohen quotes the paper who quoted the article by saying the juror's "biggest fear was that what she said she know in her heart- 'that this woman did this terrible thing' - would not be proven in court.

Rooting for the prosecution to prove what you already believe to be true is not consistent with your oath.

Heck, even the headline of the original article doesn't bode well: Juror: "We did what we could."

Weinstein admitted to the reporter that it didn't look good that Carroll didn't testify.

Weinstein was surprised that Carroll didn't testify. Weinstein said if she had been in Carroll's shoes, and knew she was innocent, she'd want to be on the stand.

This could be perceived as being surprised by a defense strategy, but it is true that juries do tend to hold it against defendants who don't testify, even if they are specifically instructed otherwise. It's just common sense - if you didn't do it, it would really help us if you got up there and told us. Its a hard thing for a jury to look past.

It just doesn't sound good at all, however, to admit the bias to the Cincinnati Enquirer.

If Cohen wins his argument for a new trial, he should also have a pretty good argument for a reconsideration of the change of venue. You shouldn't have to go to trial - no matter who you are or what you are accused of - with a jury who is rooting for you to lose.

Thursday, March 01, 2007

Peterson's Voucher Program Being Pitched In Texas - And Some Groups Don't Like It

The Texas Freedom Network, a disability and human rights organization in the Lone Star State, is coming out hard against a proposed voucher program for Texas schoolchildren with disabilities.

The program is based on the Ohio autism scholarship, championed by Representative Jon Peterson, R-Delaware.

In this program, parents of children with autism can apply for a voucher up to $20,000 to go toward that child's education in any participating school, including private schools that provide disability-specific educational programming and services.

They can be against the scholarship program if they want. But to use Ohio as a reason to not do it in Texas, you would have to selectively pick your facts in order to make that argument.

"Families of children with special needs deserve real help, not false promises that drain money from neighborhood schools," TFN President Kathy Miller said. "The only reason we're even discussing this today is the voucher lobby is desperately seeking any tactic to get a bill through the Legislature. But public schools can help these families if legislators will finally give them the resources to do so."

"This bill is no different from the voucher schemes the Legislature has defeated in the past," Miller said. "It offers false hope to families while draining precious resources from the very public schools that serve all children, regardless of their disabilities."

They then link you to a document they created that pans the Ohio program, which has been in operation for two years. This is where I have a problem. The response to the Autism Scholarship program has been overwhelmingly positive - that's why they expanded it from a pilot program to a statewide program.

Included in their argument is the argument that "..with the loss of students and funding, Ohio public schools are finding it difficult to compete with the private schools." They cite the Columbus School District, which lost 15 students in 2005 because of this program, resulting in a loss of $200,000. Mary Ey, the overseer of the special education department feels that the loss, is quoted as saying that the scholarship "has hurt us from being innovative. If we were not having that money leave, I think we could divert it to create (an autism-only) team of specialists."

OK. Here are a couple of facts they didn't tell you...

1. There are 56,151 students in the Columbus School District. The removal of 20 students represents a decline in student enrollment of 0.00036%. There are 128 schools in the Columbus Public School District. A loss of 20 students equates to the loss of 1 student for every 6.4 schools. Obviously, most students are staying put in the district.

2. The annual budget of the Columbus School District is $1.3 billion. We have 4,332 teachers, and nearly 10,000 employees. A $200,000 cut equates to a reduction of 0.00016% in the annual budget.

3. The Autism Scholarship was broadened statewide because the response from parents who participated in the previous pilot program (a response that was actively sought) was 100% positive. The parents of the children with autism love the services their children are receiving under this program, and there is no more important stakeholder than the families themselves.

4. There is nothing stopping the Columbus School District (or any other district) from creating an "autism-only" specialist program, or from being "innovative." They can do it now in order to compete with other schools, or they could have done it before the scholarship was invented. But the presence of a scholarship now didn't stop them from doing it in the past.

You can make your arguments against vouchers. In Ohio, there was turbulence against the effort to expand the autism scholarship to include all students with disabilities, and the bill died in committee. But the only reason such a program was being considered was the outstanding results we have seen with the autism scholarship.

I think the program works. Ohio's children with autism are being well-served by this program.

A Knight To Remember

Last night I was honored to be able to attend a dinner in honor of Carolyn Knight, the long-time director of Ohio Legal Rights Services.

Carolyn worked for Legal Rights for probably 30 years, the last 20 as director. She has been a tireless advocate for people with disabilities, and has played such a significant role in the positive changes that have happened for Ohioans with disabilities in the past 30 years.

I worked with her when I was on the Ohio Developmental Disabilities Council. Like me, she was a former chair of the Council.

The amazing thing about last night was not the attendance of so many people that she helped, but rather the presence of so many people she fought against. Her job, in many instances, was to sue people (or more precisely, entities) on behalf of people with disabilities. There were countless people in the audience last night who were, at one time or another, on the business end of Carolyn Knight, in her effort to bring positive change.

People understand that the fights were necessary, and they greatly respected and admired her for the way she stood her ground with grace and dignity. She sued them, and they came out on her night to honor her. That says a lot about her, and about the people who put past differences aside.

She will be sorely missed, at least temporarily, in the disability community. We know that it won't be long, however, before she finds a new way to continue to make a difference.