Great Expectorations:
Spitzer’s First Budget
by
Adam Cybulski and Ken Dibble
Governor
Spitzer’s first executive budget contains many items
to be celebrated by the disability community. However, even in times of
progress we must be vigilant. As good as Spitzer’s budget is,
there are still some aspects that will be tremendously
counterproductive to our goals of integrated living and the end of the
institutional bias, goals that Spitzer claims to share.
The Governor’s budget begins to shift the funding given to
nursing homes for workforce recruitment over to Certified Home
Healthcare Agencies (CHHAs) and Personal Care Assistance (PCA)
providers. This additional funding represents a promising turn in
funding of community-based services. Many people with disabilities have
been continuously frustrated by the quality of service they receive
from many CHHAs. Care providers typically have low employee commitment
and high turnover rates. This is the result of low wages and a lack of
health coverage for most attendants. This must change. Providing
attendants with health insurance is the first step in improving the
level of care people with disabilities receive in their homes. Not only
will it improve the morale and commitment of the workers, it will
improve the confidence of the consumers in the service they are being
provided, as many see attendants who do not have access to basic health
care as a risk to their own health.
Spitzer wants to increase availability of housing options for people
with mental and developmental disabilities. On the mental health side,
these options are clearly community-based, and much-needed. On the
OMRDD side, there’s an unfortunate emphasis on segregated
congregate facilities, including, once again, an effort to create more
group “homes” for children. And OMRDD continues to
falsely claim that its hundreds of small segregated congregate living
facilities are not “institutional”. To be fair,
there are also increased funds to provide in-home supports for families
with children with developmental disabilities, emphasizing behavioral
supports and respite services, which has been a major unaddressed need.
But these funds need to be increased to the point where no family has
to consider sending their children to a group
“home”, and all efforts to develop such
“homes” should be stopped.
The new Governor also wants to start new programs to address the needs
of people with mental illness in prisons and to prevent the use of
solitary confinement with these prisoners. This is a positive move in
the direction of undoing Pataki’s veto of last
year’s “SHU bill”.
Spitzer wants to raise the income eligibility limits for the Child
Health Plus (CHP) program. This program serves many children with
disabilities who are not eligible for other state programs. The
proposal clearly indicates Spitzer’s desire to move toward
full health care coverage for all New Yorkers. President
Bush’s latest Medicaid budget proposals would severely
penalize such a move, but it’s unlikely that Bush is going to
get any significant Medicaid cuts past the Democrat-controlled House of
Representatives.
Our biggest concern has already been turned into a great victory. The
original version of the budget eliminated funding for Level I PCA care.
Level I PCAs are for individuals who don’t need intensive
personal care, but who still need assistance with general homemaking.
Level I care typically provides assistance with things such as cooking,
cleaning, and laundry. Without such services many individuals would be
unable to maintain independent living. The Governor fixed this grievous
error during the amendment period of the budget, as the result of
determined advocacy led by STIC. This is an amazing victory, as none of
our concerns have ever been fixed during the amendment period before.
The Governor deserves credit for listening and responding rationally.
Other serious concerns remain.
Spitzer is going ahead with the forced enrollment of many people with
disabilities into Medicaid managed care. As we pointed out last issue,
nearly all of these people can get exemptions from mandated enrollment,
but the state is forcing them to apply for those exemptions
individually, and not making a strong effort to let them know they can
do so. This will mean that thousands of people will be placed in this
program who don’t need to be there, don’t know they
can get out, and for whom it will mean reduced service quality. We had
hoped that the Spitzer Administration, so concerned with ethical
government in other areas, would back away from this deliberate attempt
to mislead people with intellectual, cognitive and mental disabilities.
Governor Spitzer has included $10 million to continue Governor
Pataki’s Health Care Reform Working Group. The group had been
developing a Medicaid managed-care “mega-waiver”
that would encompass many long-term care services, including state-plan
personal assistance, and the Long Term Home Health Care, TBI, and
Nursing Facility Transition and Diversion (NFTD) waivers. The waiver
was promoted as a way to garner federal funds for additional long-term
care services now available only on a limited basis with state-only
funding. Unfortunately, such waivers have many programmatic weaknesses.
The central one is “cost neutrality” which, if
wrongly handled, could either reduce the amount of services provided as
the number of people to be served increases, or cap the number of
people served, with ensuing waiting lists. Across the US, managed care
programs have poorly served people with disabilities. Most states that
have enacted this kind of waiver have decimated community-based
services.
In early March a staff member working on this “Medicaid
restructuring initiative” stated that DOH is
“taking a step back” from the mega-waiver. While
the Spitzer Administration intends to pursue “comprehensive
restructuring”, it no longer believes that the mega-waiver is
“the best vehicle” for doing so. Advocates greeted
this with enthusiasm, as more evidence that the administration is
listening and responding rationally to the disability community.
Perhaps now, some of this $10 million can be spent elsewhere. For
example, Spitzer could increase funding for Centers for Independent
Living (CILs) like STIC, which many feel is more than owed, due to the
amount of money CILs save the state through their efforts at
deinstitutionalization. Another good place for the money would be the
Access to Home program, which assists people with disabilities with low
and moderate incomes who have no other available funding source to make
their homes accessible and thus stay out of institutions. Both of these
programs would receive level funding in Spitzer’s budget.
As we’ve reported previously, the federal Centers for
Medicare and Medicaid Services (CMS) suddenly reinterpreted Medicaid
rules regarding “spousal refusal”.
Spitzer’s approach to this confusing issue is, itself,
confusing. What it boils down to is, CMS would severely reduce the
amount of income a married couple can have and remain eligible for
low-cost Medicaid-funded in-home supports for a disabled spouse, while
allowing that same couple to keep much more of their income if the
spouse with a disability is placed in a high-cost Medicaid-funded
nursing home. This is exactly what “institutional
bias” means. At the moment, CMS is raising this issue in the
context of the new NFTD waiver, thereby holding up rollout of that
program. But they could try to apply it to all of the state’s
Medicaid-funded community-based services. There’s a
“placeholder” in the Governor’s budget
proposal for this issue, which means he hasn’t exactly
decided what he wants to do about it. He could do an end-run around it
by raising the state’s income-eligibility level for the NFTD
waiver. He also should demand that CMS furnish written proof of its
statutory authority to reinterpret the Medicaid rules in this way; we
suspect they can’t. Spitzer has also urged counties to make
“recoveries” from couples who have
“abused” the spousal refusal option. Such abuse is
exceedingly rare, and his action may lead county governments to harass
the vast majority of people who have exercised this option legally.
Spitzer also wants to tinker with the state’s prescription
drug programs in ways that are somewhat unclear. As Pataki had
proposed, Spitzer wants to require as many people as possible who use
the state’s Elderly Pharmaceutical Insurance Coverage (EPIC)
program to enroll in the Medicare Part D prescription program; EPIC
would then pay the Part D premiums for them. Also like Pataki, Spitzer
wants to allow cost to be a factor when deciding what drugs will be on
the state’s Preferred Drug List (PDL), and he wants to use
the PDL not only for Medicaid but for EPIC. Spitzer insists that he
will “hold harmless” the people in the EPIC
program; they won’t lose any drug coverage. Some advocates
have raised questions about how this will be handled when neither a
Part D plan nor the PDL covers drugs an EPIC participant needs.
We’ve heard from some quarters that Spitzer’s DOH
doesn’t plan to enforce the law passed last year that took
away the prescribing physician’s last word on what drugs a
person subject to the PDL can get. That would be nice but if that is
Spitzer’s intention then he should seek repeal of that law.
While we do have serious concerns with some aspects of the new
Governor’s budget proposal, he has taken some significant
steps in the direction of reversing New York’s institutional
bias, and these steps are worthy of praise.
There is some opposition in the Legislature, and quite a bit more
amongst institutional lobbyists and health worker unions, to
Spitzer’s proposals to retarget Medicaid funds based on the
twin principles of reducing institutional bias and maximizing benefit
to health care recipients. However, early projections from all parties
were for an on-time budget, which doesn’t leave much room for
arguing. We don’t know whether the new Governor’s
proposals will survive the annual budget battle intact but
we’ll let you know what happens.
We at AccessAbility have
described New York’s fragmented
disability service “system” as a group of
independent “fiefdoms”, each headed by a
“Baron” who has virtually unlimited authority to do
what s/he wants, without any de
facto requirement to answer to a
central authority or implement a unified policy.
With the arrival of a new Governor, many of former Governor
Pataki’s bureaucratic “Barons” are being
replaced by new appointees. There are some early indications that the
new King may reign in some of the Barons, at least to the extent of
setting a unified policy direction. Here’s what we know about
the ones most relevant to people with disabilities.
Office of Addiction and Substance
Abuse Services (OASAS)
Karen Carpenter-Palumbo
Carpenter-Palumbo has most recently served as Capital Region Vice
President of the American Cancer Society. She has also been a health
insurance administrator, director of the OMH office of Children and
Families, and an aide to Governor Cuomo. Several STICsters had occasion
to work with her in the latter position, where over time she became an
effective, if not particularly friendly, transmitter of communications
between Cuomo and the disability community.
Office for Aging (OFA)
Michael J. Burgess
Although employed by the Office for Aging early in his career, since
then Burgess has focused on not-for-profit social service and advocacy.
Most recently, he was Executive Director of the New York State Alliance
for Retired Americans, where he pioneered efforts to get senior citizen
groups to recognize common interests, and join hands, with disability
rights activists. Prior to that, he was the Executive Director of the
New York Statewide Senior Action Council. Burgess has forthrightly
promoted integrated community-based services for elderly citizens for
many years.
Disability activists are thrilled with this appointment.
State Education Department (SED)
This department oversees VESID and special education services.
There’s no change in Commissioners here. In New York, the
Commissioner of Education is appointed by the Legislature without
involvement by the Governor, and this Commissioner is overseen by the
Board of Regents, whose members are elected by the Legislature.
However, Governor Spitzer does have a “point man”
for education in his administration—Deputy Secretary for
Education Manuel Rivera.
Rivera was formerly the Superintendent of the Rochester City School
District. He has been a public school teacher and an administrator at
the for-profit charter school company, Edison Schools, Inc. Disability
activists in Rochester say he has a good track record on special
education issues.
Department of Health (DOH)
Richard F. Daines, MD
Dr. Daines, a Republican, has been a hospital administrator for many
years, most recently the chief executive at St. Lukes-Roosevelt
Hospital Center in Manhattan. DOH was perhaps the most dysfunctional
and corrupt of Pataki’s state agencies. Charged with carrying
out Governor Spitzer’s new “patient-centered and
community-based” approach to public funding and
administration for health services, Daines faces a formidable job in
rooting out provider-oriented bureaucrats, including former nursing
home lobbyists, and beefing up the agency’s oversight
functions.
He has made a good beginning, in the eyes of disability activists, by
implementing Spitzer’s plan to consolidate long-term care
programs into a single office within the department, and by ensuring
that his top administrators listen, and respond rationally, to input
from the disability community. Especially encouraging was the news that
wayward county governments that have refused to offer a full spectrum
of community-based long-term care services will finally be required to
do so, as mandated in federal and state law.
Office of Mental Health (OMH)
Michael Hogan
Hogan has worked in or run the public mental health systems of three
states, most recently Ohio. Over the course of his career, he has
compiled an impressive track record of downsizing institutions and
increasing community-based services. He has a reputation for supporting
a “recovery based” service model, which emphasizes
ongoing support for people in their homes, social settings, and
workplaces, and “research-validated service
methods”, which some disability activists regard as code for
an undesirable focus on medication.
Overall, disability activists in New York greeted this appointment with
enthusiasm.
Office of Mental Retardation and
Developmental Disabilities (OMRDD)
Diana Jones Ritter
Ritter has had a long career in the fiscal aspects of state government.
She worked at OMRDD in the early 1990s, where her job focused on the
area of regulatory compliance. After that she did a couple of years in
the Department of Health. Since then she’s been with the NYS
Comptroller’s Office.
Historically the role of the regulatory compliance section of OMRDD has
been to foster excessive paperwork and place
“safety” ahead of civil rights in an effort to
ensure that administrative behinds are covered. The needs and concerns
of this section have been allowed to control the way that OMRDD
actually operates, regardless of all the pretty language the agency
spews out about “choice” and
“integration”.
Disability activists fear that an administrator whose primary
experience is with fiscal matters, and whose only experience in OMRDD
is in regulatory compliance, may not be the right person to fulfill
either Governor Spitzer’s stated aim of streamlining
administrative systems, or the disability community’s dream
of an OMRDD where maximizing enjoyment of civil rights, civil
liberties, self-direction, and community integration drives everything
else. A change in direction is absolutely necessary in NY’s
developmental disabilities service system. We hope Ritter is up to the
task.
New Office for the Blind?
One of Governor
Spitzer’s more interesting, and troubling,
proposals is to establish a new “Office for the
Blind” in the Executive Branch.
The new office would have an Executive Director (not a Commissioner),
and an advisory board, the majority of whose members would be blind.
The office would be charged with investigating existing services and
recommending changes, including ways to better coordinate various
programs for blind and visually impaired people, and to resolve
regulatory differences between them. The advisory board would be
required to consider the “advisability of establishing a
State Home for Aged or Needy Blind People”. The
state’s Commission for the Blind and Visually Handicapped
(CBVH) would be dismantled and its duties moved to this new office. The
office would take over administration of the state’s
“Blind Vendors” program, and oversee the
state’s residential school for blind children at Batavia.
This new office would also take over running the state’s
Equipment Loan Fund for people with all disabilities.
This proposal took disability advocates by surprise. Some background is
necessary to understand what may be going on here.
Governor Spitzer’s running mate, new Lieutenant Governor
David Paterson, is legally blind. It may be that this proposal
originated with him.
Disability advocates have vigorously criticized CBVH for well over a
decade. That agency, whose primary responsibility is to provide
vocational rehabilitation services to people with visual disabilities,
has refused all entreaties to join the rest of the VR establishment in
moving away from sheltered employment and toward integrated supported
work. It continues to make large numbers of referrals to sheltered
workshops. CBVH has also been criticized for its assistive technology
program, which provides computers to blind workers. CBVH contracts with
a single, out-of-state provider to furnish the computers. The computers
are usually 2-3 years out-of-date and cost between 150% to 200% of
market value. They also frequently don’t work properly out of
the box and consultants must be called in to reconfigure them. And
CBVH’s administration has been secretive about its finances,
refusing to provide details on how it spends its share of federal
Independent Living funds to the state’s Independent Living
Council, which has a federal statutory mandate to oversee those funds.
For reasons unknown, CBVH has successfully resisted all efforts by
advocates and influential state legislators to change how it operates.
It may be that the only way to change this system is to dismantle it
and rebuild it with a completely new administration.
The proposal has run into opposition from some blind activists. This
may stem from the endless feud between two large organizations of blind
people—the National Federation of the Blind (NFB) and the
American Council of the Blind (ACB). NFB’s leadership is
composed of blind people; ACB’s includes nondisabled
operators of programs and services for blind people. Apparently the
Spitzer Administration discussed this idea with NFB, but not with ACB,
before proposing it, and the ACB people are now against it.
Cross-disability advocates viewed the proposal with hopeful caution. It
would be a very good thing to put the state’s vocational
rehabilitation services for blind people on a path toward integrated
employment services and efficient, effective assistive technology
programs. However, it’s not clear that integration is a
primary goal of this proposal.
The notion that there is a need for a “home” for
elderly or low-income blind people is offensive to disability advocates
who are trying to end the state’s institutional bias in
long-term care services, and seems to be at odds with
Spitzer’s stated intention to do the same thing.
The proposal says, “Establish one or more schools for the
training of blind persons, and equip and maintain such schools, and pay
for tuition, lodging, support...” This clearly refers to
segregated residential schools. New York has one such school now, at
Batavia. The federal Individuals with Disabilities Education Act and
New York State education law have, for decades, required local school
districts to educate blind children effectively. There is no need or
rational justification for the existence of the Batavia school in
modern times, let alone for the establishment of more such places. Much
of the language of this proposal seems old-fashioned; it may be that it
was rather hastily lifted from existing law, and the intent may simply
have been to transfer oversight of the Batavia school to the new
office. Still, this is disturbing.
On a broader level, the idea of establishing yet another separate
office to deal with a particular disability is troubling. The concerns
and experiences that people with all disabilities have in common far
outweigh their differences. Historically, government has used separate
agencies for different disabilities to “divide and
conquer” the disability rights movement. We don’t
think this is what Spitzer intends, but it may be that he and his
people haven’t thought this through very carefully. The
separate and conflicting eligibility requirements, regulations, and
administrations of these different agencies are just the kind of waste
that Spitzer has vowed to remove in other areas of state government.
The proposal does recognize the regulatory snafu that enfolds
disability services; one of the new office’s responsibilities
is to find ways to untangle the mess as it affects blind people. But
that’s not going nearly far enough. All
of the
state’s disability programs and services need to be brought
under a single administration; all
of those conflicting, redundant,
hampering regulations need to be combined and simplified, and the goal
of every
disability-related action the state takes must be to further
community integration and consumer control. If the new Office for the
Blind is a very small first step toward that goal, that would be a good
thing. The inclusion of the Equipment Loan program for all disabilities
in the new office seems to suggest that something like that may be in
the offing. But we’re not sure it really is, and if
it’s not, then it would be better for Spitzer to leave it
alone. New offices, once created, assume a life, and a struggle for
survival, of their own. A new one created for the wrong reasons will be
just as hard to dismantle as the old ones.
NYAIL 2007 Disability Priority Agenda
(abridged)
The New York Association
on Independent Living (NYAIL) represents 30
Centers for Independent Living (CILs) across New York. NYAIL is
dedicated to improving the quality of life and safeguarding the civil
rights of people with disabilities of all ages. NYAIL opposes all forms
of systemic segregation bias in government policies, practices,
procedures and funding mechanisms. NYAIL seeks to promote
full community integration to enable all people with disabilities to
live active, independent lives in their communities.
NYAIL’s member CILs also oppose all forms of segregation and
discrimination against people with disabilities. The CILs, which are
controlled and primarily staffed by people with disabilities, provide a
variety of services, such as peer counseling, independent living skills
training, and assistance with medical needs, housing, education,
employment and other necessary services that empower people with
disabilities to live independently in their communities.
NYAIL’s 2007 Disability Priority Agenda reflects these
principles and seeks to further these goals.
Budget Priorities
1. Center for Independent Living
Funding
NYAIL is pleased that Centers for Independent Living (CIL) received a
minimal increase of $1 million in state funding last year, after a
four-year period of level or decreased funding. This increase augmented
the ability for centers to address existing shortfalls, but funding
hasn ot kept pace with the dramatic increase in demand for services
over the same period. This year, CILs need a $5 million increase to
continue providing services that allow people of all ages and
disabilities to:
- Develop skills to live independently
- Earn degrees, find jobs, and
become self-sufficient
- Reduce their reliance on state and
federal
benefit programs
- Stay out of institutions and participate in community
life
A critical part of the
work of CILs is assisting people with
disabilities to transition from, or avoid unwanted placement in,
nursing homes or other institutions. A recent study of transition and
diversion projects at six CILs by the NYS Developmental Disabilities
Planning Council demonstrated an average savings of $63,800 per year in
Medicaid costs for each person transitioned into the community and
$83,000 in projected savings per year in Medicaid costs for each person
diverted from nursing facility admission. The total savings to the
state for the 499 people transitioned or diverted during 2003-2006 was
nearly $34 million.
CILs are an essential part of the solution to successful restructuring
of the long-term care system away from costly institutions to
community-based services and supports.
Top Priority:
- Increase
funding for CILs by
an additional $5 million this year.
2.
Health Care
Under the 1999 US Supreme Court Olmstead
decision, people with
disabilities are entitled to receive the services and supports they
need to live freely in the community and avoid unwanted placement in
nursing homes and other institutions. However, the impact of the
Olmstead
decision has not been fully realized in New York in terms of
facilitating the transition to community-based health care
alternatives. Problems with obtaining necessary health care services
and supports remain a major barrier to full independence and
integration for New Yorkers with disabilities. While the State is
focused on reducing the costs of Medicaid and other programs, it is
crucial that people with disabilities have access to the health care
services and supports they need and
choose.
Top Priorities:
- Oppose proposals
negatively affecting eligibility, benefits, coverage,
and/or access to services for Medicaid beneficiaries.
- Eliminate the
systemic bias that leads to unwanted
placement in nursing homes and other
institutions.
Cuts or reductions in
eligibility for Medicaid beneficiaries put people
with disabilities at increased risk of unwanted placement in
a
nursing home and/or poor medical outcomes. As the Legislature considers
Medicaid and long-term care reforms, it must make community integration
through the provision of vital and accessible services to people with
disabilities of all ages its top priority.
- Promote comprehensive
long-term care reform
that will not reduce coverage or access to
services.
New York
State’s long-term care “system”
is broken. A restructured system must allow people with disabilities of
all ages to choose to live and receive services in the community. It
must be person-centered and consumer-controlled. NY must offer a
spectrum of services and supports to meet the needs and desires of
individuals in all areas of the state. Understandable, complete and
unbiased information must be available to people considering or in need
of long term care services.
- Provide
rental/housing subsidies to participants in the new
Nursing Facility Transition and Diversion (NFTD)
Medicaid waiver program.
NY will implement the
new NFTD waiver this year, which will help 5,000
seniors and people with disabilities live in their communities and
avoid or end unwanted nursing home placement. In order to make this a
reality, finding affordable, accessible, and integrated housing is
critical. Part of the savings to the State from avoiding high-cost
nursing home placements should be used to offset the cost of housing
subsidies for people transitioned and diverted by the NFTD waiver.
- Expand coverage
under New York’s Elderly Pharmaceutical
Insurance Coverage (EPIC) program to people with
disabilities under age 65.
Many people with
disabilities live on marginal incomes that do not
qualify them for Medicaid. Some are faced with the choice of either
buying medication, paying the rent or buying food. Those who worked
long enough to qualify for Social Security Disability Insurance (SSDI)
are eligible for the Medicare Part D prescription drug program, but the
significant cost sharing in that program makes it unaffordable for
many. EPIC expansion will help people with disabilities stay healthy
and avoid costly and unwanted institutionalization.
- Extend Medicaid
wrap-around coverage for people dually eligible
for Medicaid and Medicare who
are
unable to obtain prescription drugs due to
Medicare Part D regulations.
A safety net is
necessary to fill in the gaps in Part D coverage. The
many problems with Part D should not fall on the backs of New
York’s most vulnerable citizens—the elderly and
people with disabilities—who need prescription drugs to
survive.
- Increase access to
comprehensive health care
coverage for all New Yorkers with disabilities.
As a result of federal
Medicaid cuts under the Deficit Reduction Act of
2006, the Part D rollout, provider “right-sizing”
efforts and more, people with severe disabilities will face a sudden
and unprecedented level of erosion in their health services. Many may
be forced to pay more for their care, have greater difficulty accessing
their care, or forego care altogether. State lawmakers must oppose
budget proposals that would cut off or restrict access to health care.
Publicly-funded programs should further the community integration of
people with disabilities. People with disabilities can’t
remain stable and participate in community life if they can’t
access appropriate publicly-funded health services.
3. Housing
The availability of accessible, affordable and integrated housing
opportunities for people with disabilities is critical to sustaining
fully independent lives in their communities. The Access to Home
program has provided some assistance for home modifications, but more
is needed for NY to fully address the housing crisis facing people with
disabilities.
Top Priority:
- Create a housing
trust fund for people with disabilities.
A housing trust fund
would provide people with disabilities with very
low to moderate incomes with grants, loans and other housing supports
and services, including home modifications.
Public Policy Priorities
1. Civil Rights
The Americans with Disabilities Act (ADA) of 1990 and Section 504 of
the Rehabilitation Act of 1973 each provide comprehensive protection
for the civil rights of people with disabilities under federal law.
Efforts to weaken the scope of the ADA in particular, and
inconsistencies with the provisions of NYS Human Rights Law, leave New
Yorkers with disabilities facing confusion and uncertainty about the
scope of their civil rights protections. NY State must do its part to
ensure these critical protections are incorporated into state law and
that the State’s immunity to lawsuits under the ADA and
Section 504 is waived.
Top Priorities:
- Incorporate Titles II and III
of ADA into NYS
Human Rights Law.
- Waive the State’s
sovereign immunity to claims under the ADA and Section 504.
2.
Housing
According to a recent study, Priced
Out in 2004, by the Technical
Assistance Collaborative and the Consortium for Citizens with
Disabilities, no person receiving Supplemental Security Income (SSI) in
New York State can afford an efficiency or one bedroom apartment.
Recipients would have to pay over 118% of their SSI benefits for an
efficiency apartment, or 137% of those benefits for a one bedroom
apartment. The monthly SSI payment to a person living alone in New York
State is currently $710. Communities are falling behind in addressing
the growing need for affordable, accessible, and integrated housing.
Decent affordable housing for people with disabilities should not be
dependent upon yearly state budget decisions. Instead, the State should
ensure that people with disabilities have more opportunities to obtain
affordable, accessible, and integrated housing.
Top Priorities:
- Incorporate the housing
provisions of Section
504 of the Rehabilitation Act into state
law.
Housing developers often
fail to comply with Section 504’s
requirement to set aside a certain percentage of accessible units for
people with disabilities when federal dollars are used for
construction. By including these requirements in state law, the
Department of Housing and Community Renewal will be fully empowered to
enforce these requirements and ensure that the State is in compliance
with federal standards.
- Establish standards for
“visitability” in state law
to require all newly constructed single-family
houses,
townhouses and ground-floor units
of duplexes and triplexes built with public funds to be made
accessible.
“Visitability”
means changing home construction
practices so that new homes offer a few specific features that make the
home easier for people with a mobility impairment to live in and visit.
It is unacceptable that new homes continue to be built with gross
barriers, given the ease of building basic access into the majority of
new homes and the harsh effects major barriers have on
people’s lives, including physically unsafe conditions,
social isolation, and unwanted institutionalization.
3. Education
Top Priority:
- Place the burden of
proof on school districts in due process
hearings challenging the IEP or other aspect of a
student’s special education program.
The US Supreme Court, in
2005, decided in Schaffer v Weast that, in the
absence of state law to the contrary, the burden of proof in appeals
challenging a special education student’s Individualized
Education Plan is with the party seeking relief. In most cases, the
party seeking relief is the child’s parents, not the school
district. Parents typically have fewer legal resources available to
them and less access to information about their child’s
education program than school district officials. It had been
NY’s long-standing policy, prior to the Schaffer decision,
that school districts bear the burden of proof in such cases.
4. Election Reform
With the passage of the federal Help America Vote Act (HAVA) in 2002,
voters with disabilities in New York State believed that they would
finally have full and equal access to the electoral process.
Unfortunately, despite concerted efforts by disability rights
advocates, NY has been the last state to implement HAVA’s
requirements and ensure that persons with disabilities can vote
independently, privately and securely, and the State is currently being
sued by the federal government as a result. People with disabilities
must be afforded this basic right as citizens to vote along with their
families, friends, and neighbors. Barriers to this right that remain in
NYS Election Law must be removed.
Top Priority:
- Eliminate
provisions in Section 4-104 (1-a) of
the NYS Election Law allowing
waiver of polling place accessibility requirements.
5.
Transportation
The limited availability of accessible transportation services is a
major barrier faced by individuals with disabilities throughout the
state, often leading to unemployment, the inability to access medical
care, and isolation from friends, family, and full community
participation.
Top Priority:
- Require
transportation providers, such as taxis, limousines and
hotel shuttles, to purchase accessible vehicles
or otherwise ensure that they have
the capacity to serve people with disabilities.
6.
Mental Health
We applaud the passage last year in both houses of a bill to ban the
use of solitary confinement in special housing units for people with
psychiatric disabilities. Unfortunately, the bill was vetoed by
Governor Pataki.
Psychiatric disabilities may interfere with an inmate’s
ability to conform to prison rules. Inmates who violate prison rules
are frequently segregated for months or even years in disciplinary
lockdown, sometimes known as special housing units (SHUs). Confined for
23 hours a day, these prisoners face severe social isolation, extreme
boredom and idleness and increased risk of suicide. Placing
people with significant psychiatric disabilities in solitary
confinement is inhumane and wrong and should be banned.
Top Priority:
- Ban the use of
solitary confinement in special housing units (SHUs) of people
with psychiatric disabilities in state correctional facilities.
Timothy’s
Law Signed
In one of his last acts as Governor, George Pataki signed
“Timothy’s Law”. This law requires most
employer-provided health insurance plans to provide coverage for most
mental illnesses that is equal in quantity and duration to that
provided for physical illnesses. Notably, the law excludes
post-traumatic stress syndrome, one of the most common forms of severe
mental illness, from coverage, and it exempts very small businesses
from mandatory compliance, although it requires the state to subsidize
any additional costs should a small business wish to comply.
New Autism Opportunities
In December President Bush signed the federal Combatting Autism Act
into law. This law authorizes “activities” by the
federal government to research causes and prevention of autism and to
educate professionals in how to diagnose and respond to it. However, no
funding is provided for these “activities”.
On January 1, 2007, a new law took effect in New York State. This law
requires medical insurance plans to stop excluding children with autism
from coverage for autism-specific diagnosis and treatment.
SELF
HELP ISSUES & ANSWERS
Getting to Know 504 Plans
by
Shelley Hubal
Section 504 is a civil
rights provision of the federal Rehabilitation
Act that was enacted to prevent discrimination against people with
disabilities. In a public school setting this means that a disabled
student is entitled to receive accommodations that allow him or her to
fully participate in the same school programs or activities as his or
her nondisabled peers. Specifically, Section 504 covers individuals who
have a mental or physical disability that significantly limits
“a major life activity”. Major life activities may
include any of the following: caring for oneself, walking, seeing,
hearing, speaking, breathing, learning or working. Here are just some
examples of conditions for which Section 504 offers protection: asthma,
allergies, cancer, depression, ADHD, auditory processing disorders,
physical disabilities, and/or learning disabilities.
What are some of the differences between Section 504 and the
Individuals with Disabilities Education Act (IDEA)? First, if a student
is found eligible to receive services under IDEA, then an
Individualized Education Plan (IEP) will be created, monitored and
carried out via the school’s Committee for Special Education.
In contrast, Section 504 only requires that there be a committee of
individuals that have knowledge of the student, his or her evaluation
and the school’s placement options. This committee creates
what is known as a 504 plan. Unlike an IEP, this plan does not require
regular review, even though such safeguards are suggested. Second, a
student with an IEP typically receives services that are individualized
for his or her needs. Often this is provided through special education
classes and/or related services. In contrast, a 504 plan aims to adjust
the typical education class to meet the disabled student’s
needs. For example, under this statute a student with diabetes can
receive accommodations for blood testing or to eat at certain intervals
during the day. A 504 plan may provide note-taking or testing
accommodations for a learning disabled student.
Under IDEA a student must qualify for services by falling into one of
several categories of handicapping conditions determined by special
education law. Students who qualify under IDEA are afforded the same
rights and opportunities as those outlined in Section 504. However, the
opposite is not true for students with 504 plans. If given the choice
between an IEP and a 504 plan, a parent should consider what kinds of
services and accommodations they want for their child and for how long.
While an IEP affords more safeguards, services and procedural
requirements, a 504 plan may allow for more parental control.
Additionally, 504 offers protection for students that plan on attending
post-secondary school.
Section 504 offers critical protection for students who do not qualify
for special education under IDEA. To learn more about what provisions
are available for your child and what might suit his or her needs best,
consult an education attorney, your school principal or an education
advocate.
STIC’s Education Advocates are Shelley Hubal (children with
developmental disabilities) and Christine Delany (children with all
disabilities). Please contact them at (607) 724-2111 (voice/TTY).
Celebrate the Young Child
by
Marcella Hutsko
The winter came late to
us this year in Broome and surrounding
counties. But when winter came it came with a vengeance, cold
temperatures and snowy days.
To me winter is all gone, as I sit at my computer staring out my office
window at all twenty some inches of snow. I am thinking of April, a
week in April—the 22nd. through the 28th. to be exact. This
is the Week of the Young Child. It is sponsored by the National
Association for the Education of Young Children (NAEYC), the
world’s largest early childhood association, with nearly
100,000 members and a network of over 300 local, state, and regional
affiliates.
The purpose of the Week of the Young Child is to focus public attention
on the needs of young children and their families and to recognize the
early childhood programs and services that meet those needs.
NAEYC designates the Week of the Young Child dates and a theme; this
year’s theme is “Building Better Futures for All
Children”. NAEYC first established the Week of the Young
Child in 1971, recognizing that the early childhood years (birth
through age 8) lay the foundation for children’s success in
school and later life. The Week of the Young Child is a time to plan
how we—as citizens of a community, of a state, and a
nation—will better meet the needs of all young children and
their families.
NAEYC designates the dates and theme, but events are planned by
regional, state, and local NAEYC affiliates (the local chapter is the
Broome Association for the Education of Young Children), by individual
early childhood programs like STIC’s ECDC, and by community
organizations providing services to young children and families.
One of the events that will celebrate the young child will be an art
exhibit that young children with and without disabilities created. The
artwork will be on the wall in STIC’s fifth floor hallway
from April 18 until April 28. Keep an eye out for other events; watch
your local newspaper.
One of the many ways to spend time with and celebrate children is
reading together. Reading out loud to a newborn infant stimulates brain
growth and language. Looking at a picture book with a toddler (board
book, little ones learn through taste), he or she will develop
listening skills and enjoy sitting close and hearing your voice, and
later as a child grows a fun story shared with your preschooler can be
relaxing for both adult and child at the end of a busy day.
Short books are a good choice and sometimes better to read than longer
ones. A child’s developmental level as well as how old they
are will dictate how long or short the book is. Turn to the child for
cues when you read a story and don’t worry if they only sit
for five minutes; a lot of learning and quality time has transpired.
Young children develop long-term skills from all the times you read to
them and tell stories and sing songs or play “This Little
Piggy” while changing a diaper.
No matter how old or young you are there are so many funny, beautiful
creative children’s books to explore. Some good ones to check
out are: No Jumping on
the Bed by Ted Arnold; The Kiss that Missed
by
David Melling; How Are
You Peeling? Foods with Moods by Saxton Freymann
and Joost Elffers; Ruby
in Her Own Time by Jonathan Emmett and Rebecca
Harry; Skippyjon Jones
in the Dog House by Judy Schachner; and Bear
Snores On by Karma Wilson and Jane Chapman.
Inexpensive options are out there, you do not need to buy books. Go to
your local public library and pick a few books out and borrow them.
Another way to share books inexpensively is to have a book exchange
with friends or neighbors who have children.
Every day is an opportunity for those developing brains to learn. So
try picking up a book and reading, and celebrate with the child or
children in your life.
SSI and Debt
by Linda Giese
You are on your way to
the grocery store and you stop at the bank to
get some money from your account—but they won’t let
you have it. Your checking account has been frozen by a creditor, for
money you borrowed years ago. Your benefit check is in that account and
you can’t pay your rent or withdraw any money—even
to buy groceries—and, if you can’t get the account
unfrozen or stop your direct deposit in time, next month’s
disability check will go into the frozen account too.
If your only income is Social Security, Social Security Disability
(SSD), Supplemental Security Income (SSI), or Workers Comp, someone may
have said to you: Don’t worry about your old debts, your
income is “exempt,” they can’t take
anything from you. Technically that may be true. But in New York State,
if a creditor has gone to court and gotten a “judgement of
debt” against you, the creditor can send a court order to
your bank demanding that the bank freeze your account(s). While the
creditor may not actually be able to take the money out of the
debtor’s account, the threat of a frozen bank account can be
used by unscrupulous creditors to frighten people with exempt income
into using money they need for essentials like food and utilities to
pay off their old debts—just to avoid the consequences of a
frozen account. There is no point in explaining to the creditor, or
collection agency, that you are disabled and have no income. When you
borrow money, you agree to pay it back whether you are prosperous and
healthy or poor and sick. That’s why it is important that
disability income is exempt from being taken by creditors.
In addition to not having any money available, the debtor is further
harmed by the fees that the bank charges to the debtor—not
the creditor—for freezing the account. There will be a fee
ranging from $50 to $150 for the trouble of freezing the account that
the bank will take directly out of the debtor’s account. In
addition, there will be an insufficient funds charge for every check
that bounces while the account is frozen.
Even the temporary loss of income has a cascading effect. If the debtor
is threatened with eviction for non-payment of rent, this is not only
very stressful for the debtor, it also uses the resources of other
human services agencies, as the debtor tries to get help. If the debtor
cannot buy groceries, this puts an additional burden on the local food
pantry.
So, is it better not to have direct deposit of your disability benefits
if you know that you have old unpaid debts? Not necessarily. Not if you
keep your money in a checking account. When a direct deposit is made,
the bank records the source of the money as Social Security, and it is
these records—your past bank statements—that can be
sent to the creditor to prove that the account contains only exempt
income (if that is true), along with a request that the creditor
unfreeze the account. If you receive your benefit check and deposit it
in the bank yourself (or if you withdraw money and redeposit it), it
may be recorded simply as a “cash deposit,” and you
may not be able to prove that the source of that deposit was a
disability benefit. At this point, the process of getting the account
unfrozen becomes difficult to impossible for people with mental or
intellectual disabilities. A person with these disabilities may not
have the verbal and written ability, or the emotional stamina, to
negotiate with the creditor and provide proof that the account should
be unfrozen.
So, is it better not to have a bank account at all? This is a sure way
to avoid the problem of a frozen bank account, but it creates another
set of problems. How will you cash your benefit check? Will a bank cash
it if you have no account, or will you have to pay a fee to a check
cashing service? And how will you pay your rent and bills? If your
income is $710 a month, do you live in a neighborhood where it is safe
to walk around with cash? Probably not. Can you walk at all? A
physically disabled person would probably find it impossible to live
independently without a checking account, unless Medicaid is willing to
approve payments for a home health aide to drive around town paying
rent, utility, and phone bills for a disabled client.
In addition to all of the above, the judgement of debt allows the
creditor to freeze the same debtor’s bank account over and
over again. After having his account frozen once, the elderly or
disabled person may decide to make payments he can’t really
afford in order to avoid the repetition of this very stressful event.
And he probably will not write to his State Senator or Assemblyperson
and complain about what has happened, because the debt collector has
made him feel ashamed that he can’t pay his debts. This is
too bad because laws are often changed precisely because legislators
hear stories of personal hardship, as with Timothy’s Law and
Megan’s Law.
Can this situation be remedied? If the wording on the order to freeze
the bank account were changed so that it said something like,
“freeze this person’s account, except for those
funds that are exempt under the law,” probably yes. If the
account holder had direct deposit, the bank would know that the income
came from an exempt source and would have specific instructions not to
freeze it for that reason.
If you think the situation should be changed, you can write to your
state Senator and Assemblyperson. If you don’t know who those
people are, you can call your County Board of Elections and they will
tell you who they are.
(This article was not
written by an attorney and is not to be construed
as legal advice. Linda Giese is the President of the Board of
Directors of STIC.)
Barrier-Free Gardening
by Danny Cullen
“Disabilities
are transformed into abilities when persons who
are disabled have the opportunity to work with plants, flowers,
vegetables, trees, and shrubs.”
— The
Enabling Garden; National Council for Therapy and
Rehabilitation through Horticulture
It’s that time of year again, the growing season is just
around the corner. But if you are in a wheelchair or struggle with back
pain, bad knees, or arthritis, gardening may seem impossible.
Don’t give up on this fun hobby just because your body
doesn’t work as well as it used to. Change how you do it. An
accessible garden eliminates the physical barriers often associated
with gardening and is a great place to relax and relieve stress.
For those of us who use wheelchairs to get around, the key is bringing
the soil and plants to your level and within your reach. Containers,
raised beds, and vertical trellises all accomplish this objective.
Raised beds planted in high boxes—24” to
30” usually works well—put flowers and plants
within easy reach. This method is more costly but offers greater
accessibility, and is more efficient and productive than scattered
sites.
Container gardening may be the answer for gardeners who have limited
space or budgets. Since virtually anything that holds soil can be used
for a container, you don’t have to spend a lot to get your
garden off the ground. You could use anything from well-drained
5-gallon buckets, olive oil cans, whiskey barrels, to pots made of
wood, clay, or plastic. Recycled containers like stacked tires, old
washtubs or children’s wagons, even an old barbecue grill can
be used. These are more practical approaches when ground space is
limited or non-existent. It’s best to start small. A 5-gallon
bucket will hold a single, accessible tomato plant.
For many vegetables and larger flowers, the container should hold 5
gallons of soil, while many herbs and smaller flowers do well in
3-quart containers. Containers are especially good because they can be
moved around and even started indoors before the weather is warm
outside.
Window boxes work well for the individual who does not have an
accessible outside area in which to work. Annuals, herbs, and salad
greens are popular plants for window boxes.
Hanging baskets normally are inaccessible to gardeners with physical
disabilities, but a pulley system easily solves that problem.
For people who are visually impaired, design a walkway, which should
provide direct routes through the garden and have clearly defined
beginnings and ends. Include wind chimes or other objects you can hear
to orient yourself in the garden. Path edges should be distinctly
differentiated in texture from the garden beds, such as grass, bricks,
or mulched beds. This way you can easily detect the edges. Avoid raised
edging, which can create a tripping hazard.
Lastly, look for specialized tools and equipment that can take maximum
advantage of your abilities. Look for ergonomically designed tools that
allow you to work comfortably. Cultivating tools are available that are
easy to control, easy to grip, and have cushioned handles. Specially
adapted tools can also be purchased or made with little expense.
For further reading on barrier-free gardening, check out Janeen
Adil’s Accessible
Gardening for People with Disabilities. It
is a comprehensive guide to gardening methods, tools and plants. It
covers everything from building basics to kid-friendly planting
activities (the author’s daughter Rachel was born with spina
bifida and was the inspiration). Or look at Gene Rothert’s
The Enabling Garden, which features tips on tools, techniques and
creating barrier-free gardens and offers an extensive list of national
resources.
If you would like more detailed information on how to construct a
raised bed, make or purchase adapted tools, or any other information in
this article, please contact Danny Cullen here at STIC, at 724-2111
ext.325.
Happy planting!
STIC’s Parent support group,
Parents Empowering Parents
(PEP)
Is starting a new
chapter!
Please join us!
This group is
open
and
free to
all parents
or guardians
of children with a disability.
We will be meeting the
last
Wednesday of every month.
Lunchtime
PEP will meet from 11:30 to
12:30 on STIC’s 4th.
floor, Helen Keller Room.
Or
Evening
PEP will meet from 6 PM to 7:30 PM
at the PAL Family Resource
Center,
45 Lewis Street Binghamton.
Contact Shelley Hubal or Sue Lozinak at:
724-2111(voice/TTY)
for more information.
Free Seminar at STIC
Best Practices for Students with
Autism Spectrum Disorders
April 2, 2007
12:30 – 3:00 pm
repeated at 4:00 - 6:30 pm
Southern Tier Independence Center
24 Prospect Avenue, Binghamton
(PARKING will be
available in the Little Venice Restaurant parking lot)
Call STIC for directions
at (607) 724-2111 (voice/TTY)
Light refreshments will be provided
Best
Practices in Positive Behavioral Supports
- Best practices for students with ASD
include the use of Positive Behavioral Supports (PBS), a set of
research-based strategies used to increase quality of life and decrease
problem behavior by teaching new skills and making changes to a
person’s environment.
- PBS blends person-centered values with
practical science about how changes in learning and behavior occur.
- Children with and without disabilities
participate in PBS in schools, at home, and in community settings.
- A key component of PBS is the design
and use of functional behavioral assessment to understand what causes
an individual’s problem behavior.
- Functional behavioral assessment helps
teams develop and implement behavioral intervention plans (BIPs) that
are positive, proactive, educative, and functional.
- BIPs include interventions that can be
implemented across situations and settings. They include proactive
strategies for changing the environment to reduce or remove triggering
events, teaching new skills that replace problem behaviors, eliminating
or minimizing natural reinforcements for problem behavior, and
maximizing reinforcements for appropriate behavior.
- A hallmark of PBS planning is emphasis
on improving overall quality of life and maximizing the inclusion of
persons with disabilities in school and community settings.
Seminar Agenda
- Introduction to PBS
- PBS and NYS regulatory requirements for
students with disabilities
- Overview of autism spectrum disorders
- PBS for students with autism spectrum
disorders
- Conducting functional behavioral
assessments
- Developing behavior intervention plans
Target Audiences
- School district personnel (general and
special education teachers, administrators, related service providers,
counselors, psychologists, and social workers) who work with students
with autism spectrum disorders who also display behavior problems
- Parents who have a child with an autism
spectrum disorder who are interested in their child’s
behavioral intervention plans or who want to implement positive
behavioral supports at home.
- Staff working with students with autism
as service coordinators, paraprofessionals, respite staff, residential
habilitation staff, community group leaders, vocational counselors and
others who want to learn more.
Center for Autism and Related
Disabilities
The Center for Autism and Related Disabilities (CARD) is a
university-affiliated resource center that brings research and practice
together in community settings. The NYS Department of Education has
provided grant funding to CARD Albany to conduct statewide training on
best practices for students with autism spectrum disorders.
Please register for this training
by March 26 2007
by returning the form below to CARD Albany via mail, fax, or
e-mail.
College of Arts and Sciences
Department of Psychology
535 Western Avenue
Albany, NY 12203
(866) 442-2574
toll free(518) 442-2574
phone(518)442-4834
faxcard@albany.edu
NAME
___________________________________ TITLE
_____________________________
ADDRESS
____________________________________________________________________
CITY_____________________________________ STATE______ ZIPCODE
_______________
SCHOOL DISTRICT _____________________________
COUNTY______________________
PHONE ______________________________
FAX___________________________________
E-MAIL ADDRESS
_____________________________________________________________
Annual Campaign Contributors
These are the generous
people who contributed to our 17th. Annual
Campaign and who agreed to let us publicize their names. Staffing
issues kept us from printing them in our Winter issue; we apologize for
the delay.
There’s still time for you to send in your gift. If you have
the form we sent with our colorful letter last fall, please fill it out
and include it. If not, please put “Annual
Campaign” on the memo line of your check. All gifts will go
towards our East Fredrick St. building renovation project.
THANK YOU!
Joseph & Cheryl
Benedetti
Joshua Bieber
Sue & Anthony
Clancey
in memory of Terry
Clancey
Gerald & Cindy Day
Barbara Devore
Anthony & Ursula
Di Cesare
Ken & Maria Dibble
Daniel Driscoll, MD
Dolores Duke
in memory of Paul Duke
Nicki & Alan
French
in name of Mark French
Bette Gifford
Martha O. Girton
in name of Randy
Collingwood
David & Alison
Hanson
in name of Carol Hanson
George & Judith
Homanich
in memory of David
Homanich
Kay Hooper
Mr. & Mrs. James
Ivan
Linda S. Janes
Sam Liberto, Jr.
in memory of Saverio
Liberto
Susan Link &
Family
Philip & Darlene
Mauro
in name of Philip Mauro
Jr.
Jaunita Mendez
in name of Jo Anne
Novicky
Mrs. Richard H. Miller
in memory of Richard
Miller
Lois O’Halloran
Dolores Panella
Joe & Heather
Rinkavage
Patricia Rotundo
Robert Ruane
Richard & Sharon
Rusakiewicz
in memory of Cpt. Brian
Faunce
Matthew Schadt
in memory of Richard
Schadt
Sue Seargent
in memory of Dorothea
Seargent
Caroline J. Smith
in memory of Wallace
& Ben Smith
Stento Family
in name of Danielle Stento
Dr. & Mrs. James
Vincens
Ruth B. White
in memory of Paul G.
White
Wes Wilson
SAVE
THE DATE!
Wednesday,
APRIL 4, 2007
Broome County MRDD Public Forum
Broome County Health Department
225 Front Street
Binghamton, New York
1:00 - 3:00 P.M.
Please join us for a
discussion about the supports and services needed
in Broome County for individuals with mental retardation and
developmental disabilities, and their families.
Light Refreshments Will
Be Served
Accessible Pedestrian Signals
Arrive
by Erin L.W.K. Duguay, Orientation
& Mobility Specialist, AVRE
New arrival to the
streets of downtown Binghamton: our very own
Accessible Pedestrian Signal (APS)! Education has been the key to this
entire process: educating our educators; educating our city; educating
and collaborating with the Department of Transportation and our
regional transportation planners at the Binghamton Metropolitan
Transportation Study; and, of course, educating the public at large.
So what’s an APS? APSes, or Accessible Pedestrian Signals,
are simply a more advanced pedestrian signal. Traffic engineers and
planners put pedestrian signals at traffic lights to make our ever more
complicated intersections as pedestrian-friendly as possible. These
signals are for pedestrians only, not vehicle traffic, and are,
I’m sure, familiar to most people. The many pedestrian
signals installed throughout the Southern Tier differ slightly, but
most have three phases: the “don’t walk”
phase, which is usually seen as a solid orange hand; the
“begin crossing now” phase, with a white stick
figure; and the “don’t begin crossing”
phase, which may be either a flashing orange hand or a numerical
countdown. An Accessible Pedestrian Signal simply means that the
information described above that you can see is communicated through a
loudspeaker so that you can also hear it. The latest version of the
pedestrian crossing push-button has a speaker attached to it so that
the speaker only has to be loud enough for the person standing beside
the button.
This first installation of APS in Binghamton is at the downtown
intersection of Court, Hawley, and Water Streets—though some
may know it simply as the Boscov’s intersection. What is
wonderful about this intersection is that not only does it have eight
little speaker boxes at the pedestrian buttons for each crossing,
announcing when to cross and when to wait, but it also has a number of
other features that make it even easier for all of us to use the
intersection. The first thing that most pedestrians notice after
hearing the quiet tone summoning them to the pedestrian button, is that
there are two separate wheelchair ramps at each corner, one ramp for
each crossing. A separate ramp for each crossing means that the ramps
can direct pedestrians into the correct crosswalk: there is no
confusion about which way to go. To further alleviate confusion, there
are two pedestrian buttons on each corner as well, each associated with
a ramp, and mounted on a separate pole. These separate poles are placed
right at the top of the wheelchair ramp that is directing pedestrians
across the street to the other corner, again helping to reduce the
amount of confusion about what button to press and what direction to
face.
Another complicating factor at modern intersections, especially for
people with low vision or no vision, is determining exactly where the
sidewalk ends and the street begins. To help with this, each wheelchair
ramp has a bumpy mat or Detectable Warning Surface (DWS) at the base of
the ramp which can be felt underfoot. Just to make sure a pedestrian
doesn’t miss the end of the sidewalk, these bumpy mats help
to alert each individual to the very well-blended line between the
sidewalk and the street. A last crucial consideration for all
pedestrians is a clearly defined crosswalk. Not only does this
intersection have big bold white lines to define the crosswalk, but
between the lines is a contrasting color to further highlight the
walking area and stamped concrete for cane users to feel with their
white mobility canes.
All of these great design characteristics, in addition to the audible
pedestrian signals at each corner, make this intersection more
accessible for all of us. Work continues to ensure that all new
intersection design projects within Binghamton include all of these
helpful, pedestrian-friendly features.
For more information about APS installations and accessible designs,
please contact Erin Duguay at AVRE (Association for Vision
Rehabilitation and Employment, Inc.), 607-724-2428 extension 133.
Oh the Fun We Can Have!
by Jeff Rogers
On February 6, 2007 the
Relay for Life organization for the greater
Binghamton area had its Kickoff at the Oakdale Mall. There were a lot
of people there to take part, people who were doing this for the first
time and old-timers who have been around a while. The theme of this
year’s relay is “Oh the Places We Will
Go”.
Here at STIC it is also time to start to think about this
year’s Relay for Life. The Relay will take place on Friday
and Saturday, June 15 and 16, 2007, at MacArthur Park track. The Relay
starts at 6 pm Friday and ends at noon on Saturday. There are a lot of
fun activities planned for that weekend at the Relay.
One of the big things planned is the Cancer Prevention Study-3 (CPS-3).
The study is a longitudinal one but it is one that is very important to
take part in. The Binghamton Relay was picked as one of the 64 Relays
in the US to take part in the study. If you would like to know more or
are interested in taking part in the study please contact Sue Ruff or
myself, co-captains for this year’s Relay team here at STIC.
If anyone has any ideas to help raise money for the Relay, let Sue or
myself know. Team sign-up will start soon so think about giving an hour
or two of your time that weekend to help a very important cause. I will
send out more information when I get it.