788 resultados para Americans with Disabilities Act


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Bus stops are key links in the journeys of transit patrons with disabilities. Inaccessible bus stops prevent people with disabilities from using fixed-route bus services, thus limiting their mobility. The Americans with Disabilities Act (ADA) of 1990 prescribes the minimum requirements for bus stop accessibility by riders with disabilities. Due to limited budgets, transit agencies can only select a limited number of bus stop locations for ADA improvements annually. These locations should preferably be selected such that they maximize the overall benefits to patrons with disabilities. In addition, transit agencies may also choose to implement the universal design paradigm, which involves higher design standards than current ADA requirements and can provide amenities that are useful for all riders, like shelters and lighting. Many factors can affect the decision to improve a bus stop, including rider-based aspects like the number of riders with disabilities, total ridership, customer complaints, accidents, deployment costs, as well as locational aspects like the location of employment centers, schools, shopping areas, and so on. These interlacing factors make it difficult to identify optimum improvement locations without the aid of an optimization model. This dissertation proposes two integer programming models to help identify a priority list of bus stops for accessibility improvements. The first is a binary integer programming model designed to identify bus stops that need improvements to meet the minimum ADA requirements. The second involves a multi-objective nonlinear mixed integer programming model that attempts to achieve an optimal compromise among the two accessibility design standards. Geographic Information System (GIS) techniques were used extensively to both prepare the model input and examine the model output. An analytic hierarchy process (AHP) was applied to combine all of the factors affecting the benefits to patrons with disabilities. An extensive sensitivity analysis was performed to assess the reasonableness of the model outputs in response to changes in model constraints. Based on a case study using data from Broward County Transit (BCT) in Florida, the models were found to produce a list of bus stops that upon close examination were determined to be highly logical. Compared to traditional approaches using staff experience, requests from elected officials, customer complaints, etc., these optimization models offer a more objective and efficient platform on which to make bus stop improvement suggestions.

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Sections to the Paper include the following: America's Shrinking Labor Force, People with Cognitive Disabilities: an Untapped Labor Source, Focus, Initiative, Understand, Enhance.

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Title 1 of the Americans with Disabilities Act (ADA) requires all employers, public and private, with more than fifteen employees to provide reasonable accommodation to qualified individuals with disabilities if the accommodation would, within limits, allow the individual to perform the essential functions of the job. Seven years after Congress enacted the law and five years after the initial provisions became effective, little information is available about the experience of organizations faced with requests for workplace accommodation.^ The question addressed in this study is: How are organizations responding to the ADA mandate to fit individuals with psychiatric disabilities in the workplace? The data sources are three organizations that allowed access to this sensitive information, and a fourth that had two disability discrimination charges filed against it.^ A brute-force case method approach applied to the four organizations yields the following information: Attorneys are hesitant to allow inquiry into company policy owing to fear of litigation; workers are not disclosing and requesting accommodation; tacit accommodation of long-standing employees appears to be a regular practice; knowledge of the intent of the ADA makes a difference in terms of equality of treatment; and insensitivity to employee privacy results in an adversarial situation.^ Implications are relevant to the need to improve lines of communication between human resource, EEO, supervisory, and legal staff; consequences of failure to address accommodations on an explicit level; need for better understanding of the availability and use of outside resources for achieving accommodation; and improvement of self-advocacy and disclosure by the employees with disabilities. ^

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Greater inclusion of individuals with disabilities into mainstream society is an important goal for society. One of the best ways to include individuals is to actively promote and encourage their participation in the labor force. Of all disabilities, it is feasible to assume that individual with spinal cord injuries can be among the most easily mainstreamed into the labor force. However, less that fifty percent of individuals with spinal cord injuries work. ^ This study focuses on how disability benefit programs, such as Social Security Disability Insurance, and Worker's Compensation, the Americans with Disabilities Act and rehabilitation programs affect employment decisions. The questions were modeled using utility theory with an augmented expenditure function and indifference theory. Statically, Probit, Logit, predicted probability, and linear regressions were used to analyze these questions. Statistical analysis was done on the probability of working, ever attempting to work after injury, and on the number of years after injury that work was first attempted and the number of hours worked per week. The data utilized were from the National Spinal Cord Injury Database and the Spinal Cord Injuries and Labor Database. The Spinal Cord Injuries and Labor Database was created specifically for this study by the author. Receiving disability benefits decreased the probability of working, of ever attempting to work, increased the number of years after injury before the first work attempt was made, and decreased the number of hours worked per week for those individuals working. These results were all statistically significant. The Americans with Disabilities Act decrease the number of years before an individual made a work attempt. The decrease is statistically significant. The amount of rehabilitation had a significant positive effect for male individuals with low paraplegia, and significant negative effect for individuals with high tetraplegia. For women, there were significant negative effects for high tetraplegia and high paraplegia. ^ This study finds that the financial disincentives of receiving benefits are the major determinants of whether an individual with a spinal cord injury returns to the labor force. Policies are recommended that would decrease the disincentive. ^

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Greater inclusion of individuals with disabilities into mainstream society is an important goal for society. One of the best ways to include individuals is to actively promote and encourage their participation in the labor force. Of all disabilities, it is feasible to assume that individual with spinal cord injuries can be among the most easily mainstreamed into the labor force. However, less that fifty percent of individuals with spinal cord injuries work. This study focuses on how disability benefit programs, such as Social Security Disability Insurance, and Worker's Compensation, the Americans with Disabilities Act and rehabilitation programs affect employment decisions. The questions were modeled using utility theory with an augmented expenditure function and indifference theory. Statically, Probit, Logit, predicted probability, and linear regressions were used to analyze these questions. Statistical analysis was done on the probability of working, ever attempting to work after injury, and on the number of years after injury that work was first attempted and the number of hours worked per week. The data utilized were from the National Spinal Cord Injury Database and the Spinal Cord Injuries and Labor Database. The Spinal Cord Injuries and Labor Database was created specifically for this study by the author. Receiving disability benefits decreased the probability of working, of ever attempting to work, increased the number of years after injury before the first work attempt was made, and decreased the number of hours worked per week for those individuals working. These results were all statistically significant. The Americans with Disabilities Act decrease the number of years before an individual made a work attempt. The decrease is statistically significant. The amount of rehabilitation had a significant positive effect for male individuals with low paraplegia, and significant negative effect for individuals with high tetraplegia. For women, there were significant negative effects for high tetraplegia and high paraplegia. This study finds that the financial disincentives of receiving benefits are the major determinants of whether an individual with a spinal cord injury returns to the labor force. Policies are recommended that would decrease the disincentive.

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In its October 2003 report on the definition of disability used by the Social Security Administration’s (SSA’s) disability programs [i.e., Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) for people with disabilities], the Social Security Advisory Board raises the issue of whether this definition is at odds with the concept of disability embodied in the Americans with Disabilities Act (ADA) and, more importantly, with the aspirations of people with disabilities to be full participants in mainstream social activities and lead fulfilling, productive lives. The Board declares that “the Nation must face up to the contradictions created by the existing definition of disability.” I wholeheartedly agree. Further, I have concluded that we have to make fundamental, conceptual changes to both how we define eligibility for economic security benefits, and how we provide those benefits, if we are ever to fulfill the promise of the ADA. To convince you of that proposition, I will begin by relating a number of facts that paint a very bleak picture – a picture of deterioration in the economic security of the population that the disability programs are intended to serve; a picture of programs that purport to provide economic security, but are themselves financially insecure and subject to cycles of expansion and cuts that undermine their purpose; a picture of programs that are facing their biggest expenditure crisis ever; and a picture of an eligibility determination process that is inefficient and inequitable -- one that rations benefits by imposing high application costs on applicants in an arbitrary fashion. I will then argue that the fundamental reason for this bleak picture is the conceptual definition of eligibility that these programs use – one rooted in a disability paradigm that social scientists, people with disabilities, and, to a substantial extent, the public have rejected as being flawed, most emphatically through the passage of the ADA. Current law requires eligibility rules to be based on the premise that disability is medically determinable. That’s wrong because, as the ADA recognizes, a person’s environment matters. I will further argue that programs relying on this eligibility definition must inevitably: reward people if they do not try to help themselves, but not if they do; push the people they serve out of society’s mainstream, fostering a culture of isolation and dependency; relegate many to a lifetime of poverty; and undermine their promise of economic security because of the periodic “reforms” that are necessary to maintain taxpayer support. I conclude by pointing out that to change the conceptual definition for program eligibility, we also must change our whole approach to providing for the economic security of people with disabilities. We need to replace our current “caretaker” approach with one that emphasizes helping people with disabilities help themselves. I will briefly describe features that such a program might require, and point out the most significant challenges we would face in making the transition.

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What is Universal Access-NY? Universal Access-NY is a complete online planning toolkit, www.UniversalAccessNY.org, where a One-Stop Delivery System can assess its practices, and develop work plans to improve physical and programmatic accessibility for all One-Stop customers. This web site and manual was developed by Cornell University’s Employment and Disability Institute, through the support and guidance of the New York State Department of Labor, with funding from two U.S. Department of Labor Work Incentive Grants (WIG 1 and 2). This web site was designed for use in a collaborative manner, bringing together One-Stop personnel, agency partners, business leaders and customers with disabilities. Universal Access-NY supports continuous improvement, with features that encourage multiple uses and incremental systems change.

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New Internet and Web-based technology applications have meant significant cost and time efficiencies to many American businesses. However, many employers have not yet fully grasped the impact of these new information and communication technologies on applicants and employees with certain disabilities such as vision impairments, hearing problems or limited dexterity. Although not all applicants and employees who have a disability may experience IT-access problems, to select groups it can pose a needless barrier. The increasing dominance of IT in the workplace presents both a challenge and an opportunity for workers with disabilities and their employers. It will be up to HR professionals to ensure that Web-based HR processes and workplace technologies are accessible to their employees with disabilities. .

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Corwin and Wilcox (1985) sent surveys to more than 100 American colleges and universities to determine the policies on the matter of accepting American Sign Language (ASL) as a foreign language. Their results indicated that 81% of those surveyed rejected ASL as a foreign/modern language equivalent. The most frequently stated opposition to ASL was that it lacked a culture. Some of the other objections to ASL were: ASL is not foreign; there is no written form and therefore no original body of literature; it is a derivative of English; and it is indigenous to the United States and hence not foreign. Based on the work of Corwin and Wilcox this study sent surveys to 222 American colleges and universities. Noting an expanding cognizance and social awareness of ASL and deafness (as seen in the increasing number of movies, plays, television programs, the Americans with Disabilities Act, and related news stories), this study sought to find out if ASL was now considered an acceptable foreign language equivalent. The hypothesis of this study was that change has occurred since the 1985 study: that a significant percent of post secondary schools accepting ASL as a foreign/modern language equivalent has increased. The 165 colleges and universities that responded to this author's survey confirmed there has been a significant shift towards the acceptance of ASL. Only 50% of the respondents objected to ASL as a foreign language equivalent, a significant decrease from the 1985 findings. Of those who objected to granting ASL foreign language credit, the reasons were similar to those of the Corwin and Wilcox study, except that the belief in an absence of a Deaf culture dropped from the top reason listed, to the fifth. That ASL is not foreign was listed as the most frequent objection in this study. One important change which may account for increased acceptance of ASL, is that 16 states (compared to 10 in 1985) now have policies stating that ASL is acceptable as a foreign language equivalent. Two-year colleges, in this study, were more likely to accept ASL than were four-year colleges and universities. Neither two- nor four-year colleges and universities are likely to include ASL in their foreign language departments, and most schools that have foreign language entrance requirements are unlikely to accept ASL. In colleges and universities where ASL was already offered in some department within the system, there was a significantly higher likelihood that foreign language credit was given for ASL. Respondents from states with laws governing the inclusion of ASL did not usually know their state had a policy. Most respondents, 84%, indicated their knowledge on the topic of ASL was fair to poor. ^

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[From Summary] As a condition of accepting funds under IDEA, public schools must provide special education and related services necessary for children with disabilities to benefit from a public education. Generally, states can finance only a portion of these costs with federal IDEA funds. Medicaid, the federal-state program that finances medical and health services for the poor, can cover IDEA required health-related services for enrolled children as well as related administrative activities (e.g., outreach for Medicaid enrollment purposes, medical care coordination/monitoring). However, the link between IDEA and Medicaid has not been seamless. Despite written federal guidance, schools have a difficult time meeting the myriad complex reimbursement rules applicable to all Medicaid participating providers. According to federal investigations and congressional hearings, Medicaid payments to schools have sometimes been improper. The President’s FY2007 budget proposal would prohibit federal Medicaid reimbursement for IDEA-related school-based administration and transportation costs. This report will be updated.

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"Supercedes that which was provided to you in the Special Report 'Discipline of Students with Disabilities' released in the fall of 1997."--Memo, p. 2.

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"Covering ... (July 1, 1986 to June 30, 1987)."

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Recent federal mandates require accountability for providing students with disabilities access to the general education curriculum. In this paper, the authors recommend that principles of Universal Design for Learning and Differentiated Instruction can help school personnel tailor their teaching to meet the various strengths and needs of individual students.