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2000 Resolutions

Table of Contents

 

Summary of 2000 Resolutions

 

(*Note: This publication reflects adopted ACB resolutions only. ACB resolutions which were referred, tabled, or withdrawn are not included in this publication. This accounts for the missing numbers.)

Resolution 2000-02 deplores Intuit Corporation’s refusal to modify its software packages.

Resolution 2000-03 expresses the intent of the American Council of the Blind to wage a national information campaign aimed at government entities.

Resolution 2000-04 establishes that the American Council of the Blind will offer technical assistance to any public accommodations in making instructions and product information for appliances.

Resolution 2000-05 urges the Federal Communications Commission (FCC) to require that weather notices, telephone numbers, Internet addresses, and similar information contained in public service announcements, emergency announcements, and commercials displayed on screen, be also verbally announced.

Resolution 2000-06 directs the staff of the American Council of the Blind to investigate the issue of business-related tax deductions for guide dog expenses and directs staff to take any action necessary to insure that the allowability of this deduction is fully understood by Internal Revenue Service officials.

 Resolution 2000-07 supports audio description, whether provided by a live person or by a pre-recorded supplemental soundtrack, and urges film producers and theatre owners to provide audio description in all newly produced, re-released, and renovated or restored movies. The resolution also refutes the position on audio description taken by the National Association of Theatre Owners (NATO) as expressed by its president, John Fithian.

Resolution 2000-09 notes that recent Windows versions of several Oracle products are not accessible through the use of speech access software. The resolution commends Oracle for recently showing interest in making its products accessible, but insists that a choice be available of using Oracle products with a number of speech access screen reader packages.

Resolution 2000-11 re-affirms the commitment of ACB to support the Americans with Disabilities Act of 1990 and other disability rights legislation and establishes that ACB shall actively participate in Initiative 2000 and the Spirit of ADA Campaign.

Resolution 2000-12 urges the Public Rights of Way Access Advisory Committee and the Architectural and Transportation Barriers Compliance Board to adopt accessibility guidelines which require that, to the extent feasible, there be two curb ramps on each corner at which curb ramps are installed and that all curb ramps and curb cuts on opposite corners and pedestrian islands be in alignment and within the intended path of travel.

Resolution 2000-13 urges the Rehabilitation Services Administration of the United States Department of Education to promulgate a notice of proposed rulemaking (NPRM) which strongly encourages state vocational rehabilitation agencies to provide assistive technology to blind clients who are in the job-seeking phase of their employment preparation.

Resolution 2000-15 directs the officers and staff of ACB to assist its affiliates in advocating for expanded Medicaid coverage of dental services. The resolution also directs ACB’s officers and staff to explore the feasibility of including coverage for dental services under the Medicare program.

Resolution 2000-16 expresses disdain for rule changes proposed by the Rehabilitation Services Administration (RSA) of the United States Department of Education concerning placement credit for disabled workers in settings which the RSA defines as non-integrated, and therefore non-competitive. The resolution strongly urges that the proposed rule change be rejected in its entirety.

Resolution 2000-17 directs the officers, directors and staff of ACB to convey to Congress that any Medicare or Social Security reform proposal, or other proposal relating to third-party coverage for prescription drugs, must include provisions for prescription drug coverage for blind and disabled beneficiaries as well as elderly beneficiaries.

Resolution 2000-19 congratulates the Federal Communications Commission (FCC) for its leadership in issuing proposed video description requirements and urges the commissioners to adopt the rule as proposed.

Resolution 2000-21 encourages the General Council of Industries for the Blind (GCIB) to adopt a policy which advocates that persons who have blindness as their only employment-related disability receive at least the federal minimum wage, and commends Mr. William S. Thompson, President of GCIB, for his efforts in aligning GCIB with other blindness-related consumer and professional organizations concerning the minimum wage issues.

Resolution 2000-22 urges producers of DVD, and trade organizations representing DVD engineering and the directing and performing professions, to include, or endorse the inclusion of, a DVS track on all movies and entertainment released through the media of DVD.

Resolution 2000-24 sets forth principles which ACB believes should govern the operation of all private facilities serving persons who are blind.

Resolution 2000-25 extends ACB’s congratulations to Freedom Scientific upon its formation and commends Freedom Scientific’s initial involvement with the blind community. The resolution calls upon Freedom Scientific, however, to formalize specific procedures which will insure meaningful input from a broad spectrum of blind consumers and organizations representing them. The resolution further expresses ACB’s anticipation of providing advice and consultation to Freedom Scientific.

Resolution 2000-27 instructs ACB’s officers and staff to take all appropriate and necessary steps to oppose the enactment of H.R. 3590.

Resolution 2000-28 urges that the Equal Employment Opportunity Commission (EEOC) add to its annual EEOC-1 form the category “blind and visually impaired.”

Resolution 2000-30 calls upon both the American Federation of Television and Radio Artists (AFTRA), and American Printing House for the Blind (APH) management, to negotiate with each other in good faith, with all deliberate speed, for an initial collective bargaining agreement which will treat the narrators’ bargaining unit fairly and reasonably while insuring for blind consumers the continuing high quality of APH’s Talking Book production.

Resolution 2000-32 directs ACB’s officers and staff to continue to vigorously pursue increased appropriations for services to the older blind to at least the $26 million annual funding level. The resolution also directs that more adequate funding for older blind programs be included as an agenda item for the 2001 ACB Legislative Seminar, unless at least $26 million has been appropriated.

Resolution 2000-33 establishes that ACB will not enter into any future contracts for hotels, meeting rooms and convention sites, without first requesting that all computer-generated print materials produced for and by the hotel, or other meeting place, be made available in accessible formats.

Resolution 2000-34 directs the ACB Convention Committee to include, in the convention program, activities designed for young children whose parents are attending the ACB convention, and directs that these activities and childcare resources be included in and distributed as part of the regular convention program. The resolution urges that a parent with interest in this issue be added as a member of the Convention Committee to coordinate events such as are detailed in this resolution. The resolution further lists a number of organizations with which ACB might collaborate in achieving the provisions of this resolution, and establishes that the resolution shall enjoy implementation by the 2001 ACB convention.

Resolution 2000-35 instructs ACB’s officers, directors and Braille Authority of North America (BANA) representative to work vigorously in opposition to a Braille code containing dual systems of numbering, and/or which lacks substantial, consumer-driven evaluation.

Resolution 2000-36 advocates the development and enactment of federal legislation which would establish a single nation-wide preferred file format standard. The resolution details the criteria which the legislation would need to satisfy.

Resolution 2000-37 urges the United States Congress to substantially increase the appropriation for personnel preparation under Part D of the Individuals with Disabilities Education Act, and urges Congress to explicitly earmark meaningful personnel preparation appropriations to fund university programs training teachers of visually impaired children and to fund recruitment and retention initiatives.

Resolution 2000-38 urges the Architectural and Transportation Barriers Compliance Board (the Access Board) to extend and adapt the accessibility standards for automated teller machines (ATM’s) to interactive transaction machines (ITM’s).

Resolution 2000-39 notes that certain proposed policies under the Randolph-Sheppard Act were developed by the General Services Administration (GSA) without legally required consultation from the Rehabilitation Services Administration (RSA) and other parties. The resolution further notes that the circulation of the proposed policies was thus improper, and the resolution strongly supports the RSA Commissioner’s insistence that the GSA revise its policy goals with the active involvement of the RSA, the National Council of State Agencies for the Blind, and representatives of Randolph-Sheppard Vendors of America.

Resolution 2000-40 notes that at least one regional Randolph-Sheppard conference has been planned and arranged without the active participation of the committees of licensed blind managers in the applicable state programs and the Business Enterprise Program directors in those states, and calls upon the Rehabilitation Services Administration (RSA) to prevent this type of unilateral, bias-driven and wasteful conference planning in the future by policy guidance to the RSA regional directors and the grantee universities that help in the planning and administration of regional conferences. The resolution further stipulates that the officers, directors and staff of ACB review ACB Resolution 99-40, as well as this resolution, prior to the 2001 ACB National Convention and make a determination as to whether the adversarial provisions of Resolution 99-40 should be implemented due to continuation of actions such as are detailed in this resolution.

Resolution 2000-42 urges state affiliates and their chapters to advocate for the immediate use of accessible voting methods which will insure the right of people who are blind and visually impaired to cast a secret ballot.

Resolution 2000-43 directs ACB’s officers, directors and staff to establish provisions to make available a series of leadership training seminars. The resolution further stipulates that the seminars shall address the needs of both special-interest and state affiliates.

Resolution 2000-45 establishes that ACB will join with the National Alliance of Blind Students (NABS) in investigating the accommodation procedures, and plans for enhancement of those procedures, for tests administered by Educational Testing Services (ETS). The resolution further calls on ACB and NABS to then approach ETS with the findings of the investigation and urges that ETS implement specific actions that will insure full and equal access to all ETS testing. The resolution further urges the United States Department of Education Office of Civil Rights to amend its regulations to prohibit test administrators, such as ETS, from flagging test scores as “non-standard” when such tests have been administered using reasonable accommodations.

Resolution 2000-46 supports the creation and adoption of an international protocol that would facilitate the free trade of accessible copyrighted works among countries with appropriately robust copyright laws, and directs ACB to advocate through the World Blind Union, and appropriate forums in conjunction with like-minded organizations of and for the blind, for the formulation and adoption of such a protocol.

Resolution 2000-49 refocuses ACB’s legislative advocacy regarding Social Security disability policy by urging Congress to enact a gradual reduction of SSDI benefits, such as an exchange of $1 of benefits for every $3 in earnings when earnings exceed limits determined by the Social Security Act. The resolution further takes the position that the enactment of any gradual benefits reduction measure must also hold harmless existing eligibility provisions and allowable earnings thresholds.

Resolution 2000-50 thanks the Galt House Hotel and its staff.

Resolution 2000-51 thanks volunteers who contributed to the success of the 2000 ACB convention.

Resolution 2000-52 thanks the host committee for the 2000 ACB convention.

Resolution 2000-53 expresses ACB’s extreme regret and disappointment that the services relating to audio streaming of the 2000 ACB convention were wholly inadequate and caused the audio streaming to largely fail, thus preventing ACB members and friends throughout the world from enjoying access to our convention.

Resolution 2000-02

 

Deplores Intuit Corporation’s refusal to modify its software packages to make them accessible to people who are blind and visually impaired, and demands that Intuit immediately implement changes to its software so that it uses standard Windows controls, plain text, and keyboard command capability. The resolution also urges Microsoft Corporation to revoke its logo approval agreement for all Intuit software, running under Microsoft Windows 95, 98, and NT systems, until or unless the changes referenced in the resolution are made.

WHEREAS, Intuit Corporation produces and distributes financial software packages for home and business use, including Quicken, Quickbooks and Turbotax; and

WHEREAS, for many years, blind and visually impaired persons were using DOS versions of Intuit products with relative success; and

WHEREAS, Intuit's most recent Windows versions have been largely inaccessible to persons using screen reading software and/or enlargement software because of Intuit’s use of non-standard Windows controls, graphical text which cannot be interpreted, and little or no keyboard command capability; and

WHEREAS, Intuit has access to Microsoft documentation which describes in detail what must be done to ensure that software applications are accessible to blind and visually impaired persons, but has refused to make the necessary modifications;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 3rd day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization deplore Intuit Corporation’s refusal to modify its software packages to make them accessible to people who are blind and visually impaired; and

BE IT FURTHER RESOLVED that this organization demand that Intuit immediately implement changes to its software that use standard Windows controls, plain text and keyboard command capability; and

BE IT FURTHER RESOLVED that this organization strongly urge Microsoft Corporation to revoke its logo approval agreement for all Intuit software, running under Microsoft Windows 95, 98, and NT systems, until or unless these changes are made; and

BE IT FURTHER RESOLVED that the sense of this resolution shall be promptly conveyed to Intuit Corporation, Microsoft Corporation, and the Microsoft Accessibility Advisory Council.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-03

 

Expresses the intent of the American Council of the Blind to wage a national information campaign aimed at government entities, community organizations and the general public, including other disability groups, to insure that civil rights issues related to disability, and especially to blindness, are as fully understood and respected as those concerning race, ethnicity, gender, religion and age. The resolution also encourages ACB to seek opportunities, including grants, to be used for public education regarding the importance of civil rights issues as they relate to persons who are blind or visually impaired.

WHEREAS, private community, civic and advocacy organizations, and government entities throughout the nation continue to focus on issues related to the advancement of civil rights; and

WHEREAS, these efforts fail to acknowledge the tremendous need for public education concerning the civil rights of people with disabilities, and especially people who are blind or visually impaired; and

WHEREAS, the wider disability community does not understand the unique civil rights perspective of people who are blind and visually impaired;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization wage a national information campaign aimed at government entities, community organizations and the general public, including other disability groups, to insure that civil rights issues related to disability, and especially to blindness, are as fully understood and respected as those concerning race, ethnicity, gender, religion and age; and

BE IT FURTHER RESOLVED that this organization encourage its officers and national staff to seek opportunities, including grants, to be used for public education regarding the importance of civil rights issues as they relate to persons who are blind or visually impaired.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-04

 

Establishes that the American Council of the Blind will offer technical assistance to any public accommodations in making instructions and product information for appliances available in alternate media, and offers assistance to ACB members in advocating for such accommodations. In instances where the Americans with Disabilities Act (ADA) is applicable, because of the involvement of a retailer, the resolution directs ACB’s staff to provide technical assistance to blind persons in the filing of complaints under Title III of the ADA. The resolution further requests the assistance of ACB members and affiliates in maintaining and disseminating information concerning entities which provide accessible instructions and product information, as well as those entities which are uncooperative in making such accommodations.

WHEREAS, Title III of the Americans with Disabilities Act (ADA) requires that, when readily achievable, places of public accommodation communicate with disabled customers in a manner equally effective to their communications with non-disabled customers; and

WHEREAS, large print, audio, Braille and electronic format information can be produced with little expense and modification of information systems, and is therefore readily achievable by larger public accommodations; and

WHEREAS, many manufacturers of appliances fail to make available, in large print, audio, Braille, and electronic formats, instruction manuals, information and recipes supplied with their products; and

WHEREAS, large print, audio, Braille and electronic formats are examples of equally effective communications for many Americans who are blind or low vision; and

WHEREAS, some retailers and manufacturers of appliances have expressed a rather ill-informed and cavalier attitude toward providing equally effective communication, telling blind persons who have requested large print, audio, Braille and electronic formats that such accommodations are not required, that they do not intend to provide them, and essentially to stop bothering them with such silly requests;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 4th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization offer technical assistance to any public accommodations in making instructions and product information for appliances available in alternate media, and offer assistance to ACB members in advocating for such accommodations; and

BE IT FURTHER RESOLVED in instances where the ADA is applicable because of the involvement of a retailer, that this organization direct its staff to provide technical assistance to blind persons in the filing of complaints under Title III of the ADA, through the United States Department of Justice; and

BE IT FURTHER RESOLVED that this organization encourage its members to provide to its national office lists and accounts of manufacturers and retailers that have been particularly responsive in providing alternate format instructions and product information for appliances, as well as lists and accounts of retailers and manufacturers who have proven to be particularly uncooperative in providing alternate media; and

BE IT FURTHER RESOLVED that ACB make such information available to its members, upon request, or through its publication outlets.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-05

 

Resolution 2000-05 urges the Federal Communications Commission (FCC) to require that weather notices, telephone numbers, Internet addresses and similar information contained in public service announcements, emergency announcements, and commercials displayed on screen, be also verbally announced.

WHEREAS, televised public service announcements and commercials frequently display weather notices, information, telephone numbers and Internet addresses on screen without verbally announcing this information; and

WHEREAS, this prevents blind and visually impaired persons from having access to important information;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000, at the Galt House Hotel in Louisville, Kentucky, that this organization urge the Federal Communications Commission (FCC) to require that weather notices, telephone numbers, Internet addresses and similar information contained in public service announcements, emergency announcements and commercials, displayed on screen, be also verbally announced.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-06

 

Directs the staff of the American Council of the blind to investigate the issue of business-related tax deductions for guide dog expenses, and directs staff to take any action necessary to insure that the allowability of this deduction is fully understood by Internal Revenue Service officials.

WHEREAS, many blind and visually impaired individuals use guide dogs as their primary mobility aid; and

WHEREAS, guide dogs accompany their handlers to and from the workplace and also assist their handlers during the course of the workday; and

WHEREAS, guide dog handlers incur considerable expense in caring for their guide dogs, including, but not limited to, the cost of food and medical treatment; and

WHEREAS, although guide dog-related expenses can be claimed as a medical tax deduction, the threshold for claiming that deduction is so high as to prevent use by most guide dog handlers; and

WHEREAS, although tax audits of some guide dog handlers have allowed guide dog expenses to be claimed as a business expense, there is a lack of uniformity in recognizing the allowability of this business expense;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 6th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization direct its officers and staff to investigate this issue, and take any necessary action.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-07

 

Resolution 2000-07 supports audio description, whether provided by a live person or by a pre-recorded supplemental soundtrack; and urges film producers and theatre owners to provide audio description in all newly produced, re-released, and renovated or restored movies. The resolution also refutes the position on audio description taken by the National Association of Theatre Owners (NATO) as expressed by its President, John Fithian.

WHEREAS, a blind person, in the state of Oregon, filed suit against a movie theater demanding that DVS Theatrical (TM) technology be installed to provide audio description for films for which a descriptive track is available; and

WHEREAS, John Fithian, President of the National Association of Theatre Owners, (NATO) released on April 20, 2000, a position paper and press release stating in part, “The lawsuits are contrary to the position of leading national disability rights organizations, counterproductive to the needs of the lawyers’ clients, and wholly lacking of legal merit;” and

WHEREAS, Mr. Fithian further documented the profound level to which he is misinformed by stating in his written documents, “Descriptive Video Service, the technology sought in the earlier suit, DVS technology, which offers an audio description of the visual images on the screen, provides no assistance to patrons who have been blind since birth, since they have no visual memory. Moreover, the audio descriptions can distort the artistic integrity of the film;” and

WHEREAS, the American Council of the Blind has, for a number of years, enthusiastically supported audio description by resolution, and in testimony and written comments before the United States Congress and the Federal Communications Commission;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that ACB joins with its special interest affiliate Friends-In-Art of ACB, in strongly affirming support for audio description, whether provided by a live person or by a pre-recorded supplemental sound track; and urges film producers and theatre owners to provide audio description in all newly produced, re-released, and renovated or restored movies; and

BE IT FURTHER RESOLVED that the staff and officers of this organization are directed to convey the content of this resolution to Mr. Fithian, other officers of NATO, and if deemed appropriate by staff, to courts reviewing issues related to audio description.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-09

 

Notes that recent Windows versions of several Oracle products are not accessible through the use of speech access software. The resolution commends Oracle for recently showing interest in making its products accessible, but insists that a choice be available of using Oracle products with a number of speech access screen reader packages.

WHEREAS, Oracle software is difficult, and in some instances impossible, for blind computer users to effectively use with speech access software; and

WHEREAS, from time to time, documentation for blind users has been made available in Braille, while the Oracle product itself has remained largely inaccessible; and

WHEREAS, Oracle’s recent circulation of an advertisement seeking blind testers to evaluate the accessibility of its software may indicate a positive change in direction; and

WHEREAS, this change in direction is timely in light of the recent strengthening of Section 508 of the Rehabilitation Act of 1973 as amended; and

WHEREAS, Oracle has disclosed plans to make its product work with only one screen reader, Jaws for Windows; and

WHEREAS, it is unconscionable for Oracle to provide access through only one screen reading package;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization commend Oracle for finally addressing access issues; and

BE IT FURTHER RESOLVED that this organization insist that Oracle design access features in a manner allowing for consumer choice in using a number of screen reading products.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-11

 

Re-affirms the commitment of ACB to support the Americans with Disabilities Act of 1990 and other disability rights legislation and establishes that ACB shall actively participate in Initiative 2000 and the Spirit of ADA Campaign.

WHEREAS, the year 2000 is the 10th anniversary of the Americans with Disabilities Act of 1990 (ADA), and the 25th anniversary of the Individuals with Disabilities Education Act (IDEA); and

WHEREAS, recent federal court decisions challenging the constitutionality of these disability rights statutes, and proposed federal legislation intended to weaken these laws, could reverse the gains made by the disability community; and

WHEREAS, the Initiative 2000 and the Spirit of ADA Campaign (a coalition of disability rights organizations) has been established to preserve the current status of the ADA;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 7th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization re-affirm its commitment to and support of the Americans with Disabilities Act of 1990 and other disability rights legislation and shall actively participate in Initiative 2000 and the Spirit of ADA Campaign.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-12

 

Urges the Public Rights of Way Access Advisory Committee and the Architectural and Transportation Barriers Compliance Board to adopt accessibility guidelines which require that, to the extent feasible, there be two curb ramps on each corner at which curb ramps are installed and that all curb ramps and curb cuts on opposite corners and pedestrian islands be in alignment and within the intended path of travel.

WHEREAS, for more than two decades, federal accessibility standards have mandated the installation of curb ramps and curb cuts at street crossings as part of new construction and alterations; and

WHEREAS, these accessibility standards have never clearly addressed the orientation of these curb ramps and curb cuts at street crossings; and

WHEREAS, this failure has frequently resulted in construction of curb ramps and curb cuts on opposite corners or pedestrian islands that are either not in alignment or not in the intended path of travel; and

WHEREAS, field experience has shown that when curb ramps and curb cuts are in alignment, and in the intended path of travel, they provide effective directional guidance to blind and visually impaired travelers; and

WHEREAS, properly oriented curb ramps will reduce liability for public entities; and

WHEREAS, these issues are currently being discussed by the Public Rights of Way Access Advisory Committee of the Architectural and Transportation Barriers Compliance Board;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 7th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization urge the Public Rights of Way Access Advisory Committee and the Architectural and Transportation Barriers Compliance Board to adopt accessibility guidelines which require that, to the extent feasible, there be two curb ramps on each corner at which curb ramps are installed and that all curb ramps and curb cuts on opposite corners and pedestrian islands be in alignment and within the intended path of travel.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-13

 

Urges the Rehabilitation Services Administration of the United States Department of Education to promulgate a notice of proposed rulemaking (NPRM) which strongly encourages state vocational rehabilitation agencies to provide assistive technology to blind clients who are in the job-seeking phase of their employment preparation.

WHEREAS, the primary mission of state vocational rehabilitation agencies is to assist clients who have disabilities in obtaining and maintaining employment; and

WHEREAS, assistive technology used in employment of blind and visually impaired individuals is often extremely expensive; and

WHEREAS, this high cost creates a major hiring barrier, since an employer may be able to hire a qualified non-disabled person without incurring this cost; and

WHEREAS, many employers are aware that, under the Americans with Disabilities Act of 1990, it is the employer’s responsibility, once the individual with a disability is hired, to accommodate the employee; and

WHEREAS, it is very difficult to prove that a blind applicant is the best qualified when many other similarly qualified applicants may have applied for the same job; and

WHEREAS, once hired, a blind employee’s immediate need to ask for expensive equipment in order to do the job can cause tensions with the employer, making the employer regret that a non-disabled candidate was not selected for the position; and

WHEREAS, the willingness to purchase assistive technology for job-ready blind clients during the time when they are seeking employment varies a great deal from one state vocational rehabilitation agency to another;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization strongly urge the Rehabilitation Services Administration of the United States Department of Education to promulgate a notice of proposed rulemaking (NPRM) which strongly encourages state vocational rehabilitation agencies to provide assistive technology to blind clients who are in the job seeking phase of their employment preparation.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-15

 

Directs the officers and staff of ACB to assist its affiliates in advocating for expanded Medicaid coverage of dental services. The resolution also directs ACB’s officers and staff to explore the feasibility of including coverage for dental services under the Medicare program.

WHEREAS, many individuals who are blind rely on Medicare and Medicaid for their health care coverage; and

WHEREAS, Medicare does not cover dentistry; and

WHEREAS, many states do not cover most dentistry services under Medicaid; and

WHEREAS, good dental health requires regular check-ups by a qualified dentist; and

WHEREAS, when people cannot afford regular dental care, their overall health and appearance may suffer significantly, resulting in a need for a wide range of costly medical services; and

WHEREAS, many states are currently in financial positions to expand Medicaid coverage in selected areas, such as dentistry;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization direct its officers and staff to assist its affiliates in advocating for expanded Medicaid coverage of dental services;

BE IT FURTHER RESOLVED that this organization direct its officers and staff to explore the feasibility of including coverage for dental services under the Medicare program.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-16

 

Expresses disdain for rule changes proposed by the Rehabilitation Services Administration (RSA) of the United States Department of Education concerning placement credit for disabled workers in settings which the RSA defines as non-integrated, and therefore non-competitive. The resolution strongly urges that the proposed rule change be rejected in its entirety.

WHEREAS, the Rehabilitation Services Administration of the United States Department of Education, on June 26th, 2000, proposed changes in the Code of Federal Regulations which would impact state vocational rehabilitation programs, and thereby potentially all blind Americans entering the vocational rehabilitation process; and

WHEREAS, the proposed regulatory changes would establish that a placement does not count as a successful closure if the individuals working around a disabled employee are also disabled; and

WHEREAS, this rule would be applied to employment situations even when an employed blind person is making competitive wages and receiving benefits which are comparable or superior when compared to those received by non-disabled colleagues doing similar work; and

WHEREAS, this regulatory proposal defames blind Americans, and particularly blind workers, by suggesting to United States citizens that it is inferior to have a job where a significant number of co-workers are blind; and

WHEREAS, the research which led to the promulgation of this Notice of Proposed Rulemaking (NPRM) was not based on analysis of populations of blind Americans, but rather on analysis of a generic disabled workforce; and

WHEREAS, the interpretation of the Rehabilitation Act made in this NPRM demeans blind Americans by limiting their right to make choices as to where they can be employed; and

WHEREAS, this NPRM lacks balance in that it would, for example, devalue blind Americans working together in employment provided through certain contracts under the Javits-Wagner-O'Day Act, while continuing to treat as successful, competitive employment closures, employment placements in centers for independent living where a majority of the paid staff, and often 100 percent of staff, have disabilities; and

WHEREAS, the ability to have a job where one receives a living wage and adequate health, retirement, and other benefits of employment is far more important to the American dream and American tradition than the disability status of certain percentages of co-workers;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 4th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization express its utter disdain for the rule changes proposed in the NPRM and strongly urge that the proposed rule change be rejected in its entirety.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-17

 

Directs the officers, directors and staff of ACB to convey to Congress that any Medicare or Social Security reform proposal, or other proposal relating to third-party coverage for prescription drugs, must include provisions for prescription drug coverage for blind and disabled beneficiaries as well as elderly beneficiaries.

WHEREAS, the Executive Branch and the Congress of the United States are proposing various plans to provide prescription drug coverage for people who are retired, or are of advanced age; and

WHEREAS, while some of the proposed plans and ideas concerning prescription drug coverage include people who have disabilities, other proposals being considered leave the disabled population out of the plans for prescription drug coverage altogether; and

WHEREAS, older Americans and younger blind or disabled individuals all need prescription drug coverage;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 7th day of July, 2000 at the Galt House Hotel, in Louisville, Kentucky, that this organization direct its officers, directors and staff to convey to Congress that any Medicare or Social Security reform proposal, or other proposal relating to third-party coverage for prescription drugs, must include provisions for prescription drug coverage for blind and disabled beneficiaries as well as elderly beneficiaries.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-19

 

Congratulates the Federal Communications Commission (FCC) for its leadership in issuing proposed video description requirements and urges the commissioners to adopt the rule as proposed.

WHEREAS, people who are blind or visually impaired have a right to enjoy equal access to information of all kinds; and

WHEREAS, video description plays a vital role in making equal access to information a reality; and

WHEREAS, the Federal Communications Commission (FCC) has issued a landmark Notice of Proposed Rulemaking (NPRM) calling for the provision of at least 50 hours of described prime-time programming per calendar quarter in major broadcast television markets; and

WHEREAS, the FCC is expected to take action on the NPRM within the month of July 2000; and

WHEREAS, the American Council of the Blind, and many of its individual members, have submitted comments in favor of the rule proposed in the NPRM; and

WHEREAS, the American Council of the Blind is the nation’s leading organization of blind and visually impaired people, and represents a broad cross section of the entire blindness community; and

WHEREAS, the National Federation of the Blind’s opposition to the NPRM does not reflect the viewpoint of a clear majority of blind and low vision individuals;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 3rd day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization congratulate the FCC for its leadership in issuing the proposed video description requirements and urge the Commissioners to adopt the rule as proposed.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-21

 

Encourages the General Council of Industries for the Blind (GCIB) to adopt a policy which advocates that persons who have blindness as their only employment-related disability receive at least the federal minimum wage, and commends Mr. William S. Thompson, President of GCIB, for his efforts in aligning GCIB with other blindness-related consumer and professional organizations concerning the minimum wage issues.

WHEREAS, with the adoption of Resolution 86-04, the American Council of the Blind (ACB) has been on record as supporting the payment of at least the federal minimum wage to all workers whose only disability impacting employment is blindness; and

WHEREAS, ACB further documented this position with the adoption of Resolution 89-23; and

WHEREAS, other organizations of blind consumers, including the National Federation of the Blind (NFB), also have expressed and demonstrated strong support for at least the federal minimum wage being paid to all workers whose only disability is blindness; and

WHEREAS, on April 15, 2000, National Industries for the Blind went on record supporting the payment of at least the federal minimum wage to all workers whose only disability is blindness; and

WHEREAS, also on April 15, 2000, the General Council of Industries for the Blind (GCIB) tabled indefinitely a policy statement which would have put GCIB on record as supporting the payment of at least the federal minimum wage to workers whose only disability is blindness; and

WHEREAS, the GCIB position expressed through GCIB's inaction created an appearance of discord among organizations of blind consumers, blindness-related services providers, and other blindness advocates; and

WHEREAS, certain factions representing small business, independent living services, and total inclusion have expressed a desire to open the Javits-Wagner-O’Day (JWOD) Act to Congressional review with a goal of dismantling JWOD, and have also expressed interest in opening the Fair Labor Standards Act to Congressional review with a goal of re-aligning wage provisions; and

WHEREAS, perceived discord among blind consumer organizations and service providers concerning these issues increases the potential that the opponents of JWOD and categorical services for the blind will be successful in opening JWOD and/or the Fair Labor Standards Act to Congressional scrutiny; and

WHEREAS, opening these acts would expose blind employment programs to an unacceptable degree of risk; and

WHEREAS, nationally, less than 160 individuals, whose only disability is blindness and who work through the JWOD program, are receiving less than the federal minimum wage; and

WHEREAS, on June 29, 2000, William S. Thompson, President, GCIB, in recognition of the current realities, has indicated in writing that he will urge adoption of a remedial policy establishing GCIB’s support not only for minimum wage for workers whose only employment-related disability is blindness, but in fact, focus beyond the minimum wage to a living wage;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel, in Louisville, Kentucky, that this organization commend Mr. Thompson for his efforts in aligning GCIB with other blindness-related consumer and professional organizations concerning the minimum wage issues; and

BE IT FURTHER RESOLVED that this organization encourage the GCIB to adopt a policy which advocates that persons who have blindness as their only employment-related disability receive at least the federal minimum wage.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-22

 

Resolution 2000-22 urges producers of DVD, and trade organizations representing DVD engineering and the directing and performing professions, to include, or endorse the inclusion of a DVS track on all movies and entertainment released through the media of DVD.

WHEREAS, for over ten years, Descriptive Video Services (DVS) have been available on VHS video tape; and

WHEREAS, during this period, the producers of home video cassettes have argued that, due to the technical specifications of video tape, such as the lack of space for the narration track, provision of DVS would compel producers to furnish two separate copies of each video tape, and that doing so would constitute an undue burden; and

WHEREAS, the format known as digital video disk (DVD) has the capacity to carry a DVS track without the need to produce two separate copies; and

WHEREAS, this renders invalid the arguments the producers of home video cassettes have advanced;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization strongly urge producers of DVD, and trade organizations representing DVD engineering and the directing and performing professions, to include, or endorse the inclusion of, a DVS track on all movies and entertainment released through the media of DVD.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-24

 

Sets forth principles which ACB believes should govern the operation of all private facilities serving persons who are blind.

WHEREAS, private facilities are responsible for the training of many blind citizens; and

WHEREAS, it is essential that consumers have a clear and unequivocal voice in the agencies where training occurs; and

WHEREAS, many of the private facilities serving people who are blind do not adequately seek consumer input or validate the inclusion of consumer organizations in the decision-making of these facilities;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization believes that the following principles should govern the operation of all private facilities for the blind:

  1. A facility shall develop clear admission criteria for clients and clear provisions explaining eligibility requirements for each of the agency’s programs. If there are waiting lists, the prospective client’s status on the list and the means of moving up the list must be clearly disclosed.
  2. It shall invite the local chapter or the state affiliate of the American Council of the Blind and the National Federation of the Blind to recommend a member each to serve on its board of directors.
  3. It shall ensure that every client referred to the facility shall be exposed to, and given the opportunity, to learn Braille.
  4. A client who has some usable vision shall be given the opportunity to meet with a certified low vision consultant, or a qualified low vision optometrist.
  5. The agency shall employ at least one certified, or credentialed, full-time orientation and mobility instructor.
  6. It shall employ at least one certified, or credentialed, full-time rehabilitation teacher for the blind.
  7. It shall develop a clear, easy-to-understand document setting forth client's rights and responsibilities, which document shall include a clear procedure for filing complaints and appeals about the services delivered, or their quality. This document shall be given to, and if necessary, read to, each client prior to his or her acceptance into the agency, and each client shall sign a form indicating that he or she has received and understands this list of rights and responsibilities.
  8. All documents and materials provided to clients by the agency shall be offered in accessible media of choice.
  9. The agency shall have enough equipment and expertise to ensure that each client is exposed to the range of opportunities that the use of computers and access technology can offer.
  10. It shall have a consumer council which will provide input concerning programming, and such council shall have authority at least equivalent to that given to state rehabilitation councils providing input to state rehabilitation agencies. This council shall have direct access to the agency’s board of directors.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-25

 

Extends ACB’s congratulations to Freedom Scientific upon its formation and commends Freedom Scientific's initial involvement with the blind community. The resolution calls upon Freedom Scientific, however, to formalize specific procedures which will insure meaningful input from a broad spectrum of blind consumers and organizations representing them. The resolution further expresses ACB’s anticipation of providing advice and consultation to Freedom Scientific.

WHEREAS, several companies and products have recently been merged into a single entity known as Freedom Scientific; and

WHEREAS, this merger changes considerably the landscape of adaptive technology development and sales; and

WHEREAS, although such mergers raise concern about the impact of limited competition in certain areas of access technology for the blind, it is noteworthy that the initial relationship of Freedom Scientific and the American Council of the Blind has been productive, friendly, and definitely responsive to many key interests and needs of blind consumers;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 4th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization extend its congratulations to Freedom Scientific upon its formation and commend its initial involvement with the blind community; and

BE IT FURTHER RESOLVED that this organization call upon Freedom Scientific to formalize specific procedures which will insure meaningful input from a broad spectrum of blind consumers and organizations representing them; and

BE IT FURTHER RESOLVED that this organization express its anticipation of providing advice and consultation to Freedom Scientific.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-27

 

Instructs ACB’s officers and staff to take all appropriate and necessary steps to oppose the enactment of H.R. 3590.

WHEREAS, Representatives Foley (R-Fla.) and Shaw (R-Fla.) have introduced a bill, H.R. 3590, which would, if enacted into law, require that private individual plaintiffs wishing to bring federal court actions under Title III of the Americans with Disabilities Act of 1990 (ADA) must give ninety (90) days’ notice prior to the commencement of any such action; and

WHEREAS, such advance notice of potential court litigation would have to be given, despite the fact that covered public accommodations and commercial facilities have had an entire decade of warning within which to comply with Title III of the ADA; and

WHEREAS, the advance notice provisions of H.R. 3590 can only serve to chill the rights of blind and other disabled people in bringing claims of violations of Title III of the ADA before the federal courts;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization instruct its officers and staff to take all appropriate and necessary steps to oppose the enactment of H.R. 3590.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-28

 

Urges that the Equal Employment Opportunity Commission (EEOC) add to its annual EEOC-1 form the category “blind and visually impaired.”

WHEREAS, the EEOC-1 (Equal Employment Opportunity Commission-1) is a federal form required to be completed annually by many employers; and

WHEREAS, the EEOC-1 form requires reporting of a breakdown of the employer’s workforce by race, sex, and national origin; and

WHEREAS, an annual report is generated from the EEOC-1 data which draws attention to employment- and service-related needs of the minorities included in the report;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 7th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization urge that the Equal Employment Opportunity Commission (EEOC) add to its annual EEOC-1 form the category “blind and visually impaired.”

Adopted.
Cynthia Towers, Secretary

Resolution 2000-30

 

Resolution 2000-30 calls upon both the American Federation of Television and Radio Artists (AFTRA), and American Printing House for the Blind (APH) management, to negotiate with each other in good faith, with all deliberate speed, for an initial collective bargaining agreement which will treat the narrators’ bargaining unit fairly and reasonably while insuring for blind consumers the continuing high quality of APH’s Talking Book production.

WHEREAS, the narrators employed by the American Printing House for the Blind (APH) to produce Talking Books recently voted, in an election conducted under the auspices of the National Labor Relations Board (NLRB), in favor of joining a local of the American Federation of Television and Radio Artists (AFTRA), and to designate AFTRA as the exclusive collective bargaining representative for the APH narrators; and

WHEREAS, Talking Books play an integral part in the lives of blind persons, and have done so for nearly 75 years; and

WHEREAS, the information provided through high quality Talking Books has enriched and enhanced the lives of countless numbers of blind persons throughout the United States; and

WHEREAS, any reduction in the overall availability of quality Talking Books would cause persons who are blind to lag even further behind the rest of society in gaining access to recent published materials; and

WHEREAS, the continued failure to resolve the issues in dispute could result in reduced availability of quality Talking Book services to blind persons in this country;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 6th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization call upon both AFTRA and APH management to negotiate with each other in good faith, with all deliberate speed, for an initial collective bargaining agreement which will treat the narrators’ bargaining unit fairly and reasonably while insuring for blind consumers the continuing high quality of APH’s Talking Book production; and

BE IT FURTHER RESOLVED that staff of the American Council of the Blind is directed to convey a copy of this resolution to both AFTRA and APH.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-32

 

Directs ACB’s officers and staff to continue to vigorously pursue increased appropriations for services to the older blind to at least the $26 million annual funding level. The resolution also directs that more adequate funding for older blind programs be included as an agenda item for the 2001 ACB Legislative Seminar, unless at least $26 million has been appropriated.

WHEREAS, the largest segment of the nation’s blind population is composed of older individuals who greatly benefit from independent living services to maintain a worthwhile lifestyle; and

WHEREAS, services to the elderly blind funded under Chapter 2 of Title VII of the Rehabilitation Act of 1973, as amended, offer an important opportunity to achieve this goal; and

WHEREAS, the incidence of blindness is rapidly growing as the nation’s population ages;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization direct its officers and staff to continue to vigorously pursue increased appropriations for services to the older blind to at least the $26 million annual funding level; and

BE IT FURTHER RESOLVED that more adequate funding for older blind programs be included as an agenda item for the 2001 legislative seminar, unless at least 26 million dollars has been appropriated.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-33

 

Resolution 2000-33 establishes that ACB will not enter into any future contracts for hotels, meeting rooms and convention sites without first requesting that all computer-generated print materials produced for and by the hotel, or other meeting place, be made available in accessible formats.

WHEREAS, people who are blind or visually impaired have a right to enjoy equal access to information of all kinds; and

WHEREAS, much of the printed material used by sighted individuals is computer-generated before being put into print format; and

WHEREAS, it is relatively easy and inexpensive to take computer-generated material and convert it into accessible formats; and

WHEREAS, people who are blind and visually impaired have the same rights to have information, including, but not limited to television and telephone instructions, channel numbers, restaurant and club menus, location of amenities, hours of operation, and safety information such as location of fire exits; and

WHEREAS, this information is particularly useful in unfamiliar environments such as hotels;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that the American Council of the Blind will not enter into any future contracts for hotels, meeting rooms and convention sites without first requesting that all computer-generated print materials produced for and by the hotel, or other meeting place, be made available in accessible formats.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-34

 

Directs the ACB Convention Committee to include, in the convention program, activities designed for young children whose parents are attending the ACB convention, and directs that these activities and childcare resources be included in, and distributed as, part of the regular convention program. The resolution urges that a parent with interest in this issue be added as a member of the Convention Committee to coordinate events such as are detailed in this resolution. The resolution further lists a number of organizations with which ACB might collaborate in achieving the provisions of this resolution, and establishes that the resolution shall enjoy implementation by the 2001 ACB convention.

WHEREAS, the ACB annual convention is the one opportunity for the organization to get together as a body; and

WHEREAS, all members are invited and encouraged to attend and participate in this annual convention; and

WHEREAS, members who are parents with young children may feel discouraged from attending conventions by the nonexistence of program activities for their younger family members;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville Kentucky, that the Convention Committee is directed to include, in the convention program, activities designed for young children whose parents are attending the ACB convention; and

BE IT FURTHER RESOLVED that these activities and childcare resources shall be included in, and distributed as, part of the regular convention program; and

BE IT FURTHER RESOLVED that this organization urge that a parent with interest in this issue be added as a member of the Convention Committee to coordinate events such as are detailed in this resolution; and

BE IT FURTHER RESOLVED that, when possible, the ACB Convention Committee is directed to consult and collaborate with the Council of Families with Visual Impairment (CFVI), the National Association for Parents of Children with Visually Impairments (NAPVI) and other organizations whose mission includes enhancing and supporting the lives of children, in carrying out the provisions of this resolution; and

BE IT FURTHER RESOLVED that this resolution be implemented by the 2001 convention.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-35

 

Resolution 2000-35 instructs ACB’s officers, directors and Braille Authority of North America (BANA) representative to work vigorously in opposition to a Braille code containing dual systems of numbering, and/or which lacks substantial, consumer-driven evaluation.

WHEREAS, in Resolution 95-18, the American Council of the Blind expressed its opposition to a Braille code that would employ more than one numbering system; and

WHEREAS, ACB Resolutions 95-18 and 99-43 called for testing and evaluation of any proposed unified Braille code before its adoption; and

WHEREAS, the International Council on English Braille (ICEB) has taken no discernible steps toward reconciling the dual numbering system of the proposed unified code, but rather has expressed its intention to continue with such a system; and

WHEREAS, no consumer testing or evaluation has yet taken place on numbering and scientific elements of the proposed unified Braille code in North America; and

WHEREAS, neither the Braille Authority of North America (BANA), nor ICEB, has responded to these ACB resolutions;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that the American Council of the Blind instruct its officers, directors and BANA representative to work vigorously in opposition to a Braille code containing dual systems of numbering; and

BE IT FURTHER RESOLVED that this organization direct its officers, directors and BANA representative to vigorously oppose any Unified Braille Code which lacks substantial, consumer-driven evaluation; and

BE IT FURTHER RESOLVED that ACB's officers, directors and BANA representative are urged to take such steps as seem appropriate to correct these inadequacies.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-36

 

Advocates the development and enactment of federal legislation which would establish a single nationwide preferred file format standard. The resolution details the criteria which the legislation would need to satisfy.

WHEREAS, elementary and secondary school students and teachers who are blind or visually impaired are routinely denied their long-standing and unequivocal right of equal access to textbooks and other instructional materials required for classroom use; and

WHEREAS, such students and teachers should have access to instructional materials in a variety of specialized formats (such as braille, large print, audio and digital text), at the same time that required materials are provided to students and teachers who are not blind or visually impaired; and

WHEREAS, the emergence of e-book file format technical standards incorporating accessibility specifications will ensure more timely conversion of texts and other materials into specialized formats; and

WHEREAS, the use of a single nationwide preferred file format standard would be of great benefit to specialized format producers; and

WHEREAS, such a uniform standard would also benefit publishers of instructional materials who must currently comply with a variety of conflicting state law requirements; and

WHEREAS, the American Council of the Blind, the American Foundation for the Blind, the American Printing House for the Blind, and other prominent organizations within the field of blindness are working collaboratively with the Association of American Publishers to craft federal legislation intended to streamline the production of accessible instructional materials; and

WHEREAS, to be most effective, any federal legislation proposed should allow sufficient time and flexibility for the nation to transition to a single preferred file format standard;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization continue to advocate the development and enactment of federal legislation which, at a minimum, satisfies the following criteria:

  1. The legislation must further codify, to the maximum extent possible, that blind or visually impaired students and teachers are provided with required textbooks and other instructional materials in specialized formats at the same time such texts and materials are made available to their sighted peers.
  2. The legislation must establish mechanisms for the identification and periodic revision of a federal technical standard to be used in the preparation of electronic files suitable for efficient conversion into specialized formats.
  3. The legislation must establish a “phase-in” implementation period during which the new national preferred file format standard will take effect incrementally in those states with existing electronic file preparation requirements.
  4. The legislation must clearly preempt any state law requirements concerning file format specifications unless the publishing industry fails to agree to the establishment of a national file format standard providing a level of file organization, structure, mark-up and functionality equal to or greater than existing state requirements.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-37

 

Urges the United States Congress to substantially increase the appropriation for personnel preparation under Part D of the Individuals with Disabilities Education Act, and urges Congress to explicitly earmark meaningful personnel preparation appropriations to fund university programs training teachers of visually impaired children and to fund recruitment and retention initiatives.

WHEREAS, there is a profound need for more teachers of visually impaired children in the United States; and

WHEREAS, qualified teachers of visually impaired children primarily receive their training through four-year university programs; and

WHEREAS, few such university programs exist, and many of these are extremely small and often staffed by only one full-time faculty member; and

WHEREAS, these university programs struggle for federal funding; and

WHEREAS, this struggle for funding is directly attributable to: (1) the inexcusable failure of policymakers to adequately fund the preparation of personnel under the Individuals with Disabilities Education Act, (2) the pervasive bias by the United States Department of Education against disability-specific grant opportunities and awards, (3) the fact that programs are compelled to compete for the insufficient resources made available for blindness and low incidence grants by the Department of Education, and (4) the senseless cannibalism by university programs, both within the blindness field as well as among university training programs, for other low incidence populations; and

WHEREAS, university programs training teachers of visually impaired children are only producing fewer than 200 graduates each year; and

WHEREAS, an estimated additional 5,000 teachers are needed immediately to satisfy current demand, and to meet the unique educational needs of the nearly 100,000 blind and visually impaired children in the United States identified as requiring special education and related services; and

WHEREAS, over the past three years, the field of blindness, with the sponsorship of the Department of Education, has engaged in deliberation and vigorous debate to formulate solutions to the teacher shortage problem; and

WHEREAS, formal recommendations have been developed which, among other things, call for greater access to personnel preparation dollars for university programs in the field of blindness, and for the utilization of teacher recruitment and retention strategies; and

WHEREAS, despite the manifest teacher shortage crisis, and the receipt of formal recommendations from the field of blindness, professionals and other stakeholder addressing possible solutions, the Department of Education has not begun to develop a comprehensive and responsive plan for implementing the recommendations, and moreover, has expressed disinterest in doing so; and

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization urge the United States Congress to substantially increase the appropriation for personnel preparation under Part D of the Individuals with Disabilities Education Act; and

BE IT FURTHER RESOLVED that this organization urge Congress to explicitly earmark meaningful personnel preparation appropriations to fund university programs training teachers of visually impaired children and to fund recruitment and retention initiatives.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-38

 

Urges the Architectural and Transportation Barriers Compliance Board (the Access Board) to extend and adapt the accessibility standards for automated teller machines (ATMs) to interactive transaction machines (ITMs).

WHEREAS, the line of demarcation between automated teller machines (ATMs) and interactive transaction machines (ITMs) is becoming increasingly blurred; and

WHEREAS, ITMs include emerging commerce-related technology such as bank card processors at checkout counters, fare vending and collection machines, and vending machines which accept credit cards; and

WHEREAS, the ability to use ITMs is becoming increasingly necessary in order for persons who are blind to fully participate in day-to-day retail commerce; and

WHEREAS, the Architectural and Transportation Barriers Compliance Board (Access Board) requested comments as to whether ATM accessibility standards should be extended to all types of ITMs;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization urge the Access Board to extend and adapt the accessibility standards for ATMs to ITMs.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-39

 

Notes that certain proposed policies under the Randolph-Sheppard Act were developed by the General Services Administration (GSA) without legally required consultation from the Rehabilitation Services Administration (RSA) and other parties. The resolution further notes that the circulation of the proposed policies was thus improper, and the resolution strongly supports the RSA Commissioner’s insistence that the GSA revise its policy goals, with the active involvement of the RSA, the National Council of State Agencies for the Blind and representatives of Randolph-Sheppard Vendors of America.

WHEREAS, the General Services Administration (GSA) has issued a proposed policy statement which would amend its regulations governing the operation of concessions on GSA managed properties; and

WHEREAS, this proposed amendment would grant to the GSA the authority to determine the qualifications of licensed blind managers awarded concessions by the applicable state policies and procedures of the State Licensing Agencies (SLAs), as well as the authority to periodically review the performance of licensed blind managers assigned to such concessions; and

WHEREAS, the GSA policy was developed without consultation with the Rehabilitation Services Administration (RSA) and was distributed to the Region III Randolph-Sheppard Conference in May 2000; and

WHEREAS, the circulation of this draft GSA policy was procedurally improper; and

 WHEREAS, the federal statutory and regulatory authority for setting qualifications and standards for the licensing and assignment of blind managers on federal, state and other property, including property controlled by the GSA, is granted specifically to each SLA with the active participation of the elected committee of blind managers; and

WHEREAS, the GSA policy is a direct violation of provisions of the Randolph-Sheppard Act and its implementing regulations; and

WHEREAS, the proposed GSA policy would also permit the GSA to set standards governing sanitation and business practices, areas of facility management which are already governed by the federal Food and Drug Administration and the SLAs; and

WHEREAS, the GSA proposed policy would allow officials who often ignore abilities of blind persons, and who are often indifferent or hostile to provisions of the Randolph-Sheppard Act, the authority to impose a significant threat to the advancement of licensed blind managers; and

WHEREAS, the commissioners of RSA and GSA are scheduled to meet to review the proposed policy later this summer;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization strongly support the RSA commissioner's insistence that the GSA revise its policy goals, with the active involvement of the RSA, the National Council of State Agencies for the Blind and representatives of Randolph-Sheppard Vendors of America, to ensure that any such future policy be designed to protect the integrity of the act and all of its participants, including licensed blind managers.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-40

 

Notes that at least one regional Randolph-Sheppard conference has been planned and arranged without the active participation of the committees of licensed blind managers in the applicable state programs and the Business Enterprise Program directors in those states, and calls upon the Rehabilitation Services Administration (RSA) to prevent this type of unilateral, bias-driven, and wasteful conference planning in the future by policy guidance to the RSA regional directors and the grantee universities that help in the planning and administration of regional conferences. The resolution further stipulates that the officers, directors and staff of ACB review ACB Resolution 99-40, as well as this resolution, prior to the 2001 ACB National Convention and make a determination as to whether the adversarial provisions of Resolution 99-40 should be implemented due to continuation of actions such as are detailed in this resolution.

WHEREAS, the Region V Randolph-Sheppard Conference, held in Detroit, Michigan in June 2000, was planned and arranged without the active participation of the committees of licensed blind managers in the applicable state programs and the Business Enterprise Program directors in those states; and

WHEREAS, the agenda failed to meet the needs and interests of the vast majority of managers in the applicable state programs; and

WHEREAS, approximately half of the conference time available for meetings was allocated to the National Federation of the Blind’s National Buying Group, and not to Randolph-Sheppard program issues, or general, non-political business management concerns;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization call upon the Rehabilitation Services Administration (RSA) to prevent this type of unilateral, bias-driven, and wasteful conference planning in the future by policy guidance to the RSA regional directors and the grantee universities that help in the planning and administration of regional conferences; and

BE IT FURTHER RESOLVED that such policy guidance should require, at a minimum, that no regional conference be planned or scheduled without the active participation of the relevant committees of blind managers; and

BE IT FURTHER RESOLVED that the officers, directors and staff of this organization review ACB Resolution 99-40, as well as this resolution, prior to the 2001 ACB National Convention and make a determination as to whether the adversarial provisions of Resolution 99-40 should be implemented due to continuation of actions such as are detailed in this resolution.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-42

 

Urges ACB’s state affiliates and their chapters to advocate for the immediate use of accessible voting methods which will insure the right of people who are blind and visually impaired to cast a secret ballot.

WHEREAS, most blind and visually impaired voters in the United States are denied the ability to cast a secret ballot; and

WHEREAS, without the ability to cast a secret ballot, the right of privacy and freedom from potential coercion is violated, thus discouraging many blind and visually impaired people from voting; and

WHEREAS, advances in technology make it possible for people who are blind and visually impaired to cast their ballot in secret; and

WHEREAS, methods by which people who are blind and visually impaired are able to cast a secret ballot include, but are not limited to, accessible voting machines, braille ballots, telephonic ballots and voting via the Internet; and

WHEREAS, voting systems currently in use in the United States are becoming obsolete, thus creating a window of opportunity to urge state and local governments to make use of polling equipment and methods which are accessible to, and usable by, people who are blind and visually impaired;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization urge its state affiliates and their chapters to advocate for the immediate use of accessible voting methods which will insure the right of people who are blind and visually impaired to cast a secret ballot.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-43

 

Directs ACB’s officers, directors and staff to establish provisions to make available a series of leadership training seminars. The resolution further stipulates that the seminars shall address the needs of both special interest and state affiliates.

WHEREAS, throughout its history, the American Council of the Blind (ACB) has conducted regional leadership training seminars; and

WHEREAS, these seminars were highly successful inasmuch as many current ACB leaders are graduates of the seminars; and

WHEREAS, leadership seminars have not been held for several years; and

WHEREAS, leadership development within ACB is an ongoing need; and

WHEREAS, leadership development is imperative to ensure that younger ACB members will be prepared to become the leadership of tomorrow;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization direct its officers, directors and staff to establish provisions to make available a series of leadership training seminars; and

BE IT FURTHER RESOLVED that leadership development seminars shall address the needs of both special interest and state affiliates.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-45

 

Establishes that ACB will join with the National Alliance of Blind Students (NABS) in investigating the accommodation procedures, and plans for enhancement of those procedures, for tests administered by Educational Testing Services (ETS). The resolution further calls on ACB and NABS to then approach ETS with the findings of the investigation and urge that ETS implement specific actions that will insure full and equal access to all ETS testing. The resolution further urges the United States Department of Education Office of Civil Rights to amend its regulations to prohibit test administrators, such as ETS, from flagging test scores as “non-standard” when such tests have been administered using reasonable accommodations.

WHEREAS, blind individuals who have taken computerized tests administered by Educational Testing Services (ETS) have had difficulty obtaining these tests in alternate formats; and

WHEREAS, these computerized tests could be, but are not, compatible with adaptive hardware and software used by students who are blind and visually impaired; and

WHEREAS, large numbers of students have had tremendous difficulty obtaining the appropriate accommodations required to ensure a non-discriminatory and level playing field; and

WHEREAS, tests administered by ETS in non-standard testing environments are marked as such on all score sheets; and

WHEREAS, ETS has approached the National Library Service for the Blind and Physically Handicapped (NLS) seeking recommendations concerning accommodations; and

WHEREAS, NLS and ETS have been less than forthcoming in informing students, educators, or any party concerned with access to examinations, as to what technical assistance is being provided, or what specific plans are under consideration to remedy the lack of equally effective communications for testing;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization joins with its special interest affiliate, the National Alliance of Blind Students (NABS) in investigating the accommodation procedures, and plans for enhancement of those procedures, for tests administered by ETS; and

BE IT FURTHER RESOLVED that, upon completion of the investigation, ACB and NABS will approach ETS with the findings and urge ETS to implement specific actions that will insure full and equal access to all ETS testing; and

BE IT FURTHER RESOLVED that this organization urge the United States Department of Education Office of Civil Rights to amend its regulations to prohibit test administrators, such as ETS, from flagging test scores as “non-standard” when such tests have been administered using reasonable accommodations.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-46

 

Supports the creation and adoption of an international protocol that would facilitate the free trade of accessible copyrighted works among countries with appropriately robust copyright laws, and directs ACB to advocate through the World Blind Union and appropriate forums in conjunction with like-minded organizations of and for the blind for the formulation and adoption of such a protocol.

WHEREAS, the United States and a number of other western countries have passed copyright legislation that eliminates the need for authorized organizations to obtain permission before publishing a version of a copyrighted work that is accessible to blind people; and

WHEREAS, such legislation has expedited the publication of works in accessible formats; and

WHEREAS, such legislation is often designed or interpreted in such a way that the exemption from the need to seek copyright clearance only applies when the work is distributed within the country in which the special format version of the work was produced; and

WHEREAS, overseas organizations wishing to purchase copies of accessible versions of works must often go through the time-consuming and expensive process of clearing copyright for their country; and

WHEREAS, works in accessible formats are a scarce, empowering and valuable resource that should be available for purchase by all appropriately qualified organizations;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that the American Council of the Blind support the creation and adoption of an international protocol that would facilitate the free trade of accessible copyrighted works among countries with appropriately robust copyright laws; and

BE IT FURTHER RESOLVED that the American Council of the Blind advocate through the World Blind Union and appropriate forums in conjunction with like-minded organizations of and for the blind for the formulation and adoption of such a protocol.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-49

 

Refocuses ACB’s legislative advocacy regarding Social Security disability policy by urging Congress to enact a gradual reduction of SSDI benefits, such as an exchange of $1 of benefits for every $3 in earnings, when earnings exceed limits determined by the Social Security Act. The resolution further takes the position that the enactment of any gradual benefits reduction measure must also hold harmless existing eligibility provisions and allowable earnings thresholds.

WHEREAS, under current law, Social Security Disability Insurance (SSDI) beneficiaries lose cash benefits merely by earning $1 over applicable monthly earnings limits; and

WHEREAS, this all-or-nothing dilemma, known metaphorically as the “earnings cliff,” is absurd public policy and continues to be the most significant disincentive to work in the current SSDI program; and

WHEREAS, because of the recent enactment of legislation eliminating the earnings test for Social Security retirees, it is no longer possible to “re-link” the earnings test applicable to statutorily blind SSDI beneficiaries and the earnings test applicable to retirees; and

WHEREAS, allowing SSDI beneficiaries to gradually reduce their cash benefits when they enter or return to the workforce is sound public policy and would represent substantial progress toward truly meaningful work incentives provisions;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization refocus its legislative advocacy regarding Social Security disability policy by urging Congress to enact a gradual reduction of SSDI benefits, such as an exchange of $1 of benefits for every $3 in earnings, when earnings exceed limits determined by the Social Security Act; and

BE IT FURTHER RESOLVED that the enactment of any gradual benefits reduction measure must also hold harmless existing eligibility provisions and allowable earnings thresholds.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-50

 

Thanks the Galt House Hotel and its staff.

WHEREAS, the Galt House Hotel in Louisville Kentucky provided essential services and important accommodations for members of the American Council of the Blind attending its 2000 convention; and

WHEREAS, the staff of the Galt House was friendly and helpful; and

WHEREAS, the success of a convention is often dependent on the quality of the services provided by a hotel;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization express its thanks and appreciation of the services provided to its members.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-51

 

Thanks volunteers who contributed to the success of the 2000 ACB Convention.

WHEREAS, volunteer assistance is an essential element of a successful convention of the American Council of the Blind; and

WHEREAS, the coordination of volunteer services, and the training of volunteers, are crucial in order that conventions run smoothly;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 9th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization express its sincere appreciation to those persons who so graciously gave of their time during the convention week, and also to the coordinator of volunteer services for her training and coordination of volunteers; and

BE IT FURTHER RESOLVED that this resolution be conveyed to the coordinator of volunteers for this convention, Margarine Beaman, with the request that she convey this organizations most sincere thanks to all of the many volunteers who assisted us; and

BE IT FURTHER RESOLVED that this organization also express sincere thanks to all of its members and friends who volunteered their time during convention week to work in such areas as the press room, convention office, information desk, and other areas where essential convention functions were provided.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-52

 

Thanks the host committee for the 2000 ACB convention.

WHEREAS, the host committee for the 2000 American Council of the Blind convention in Louisville, Kentucky, has had many responsibilities in the planning of the convention; and

WHEREAS, efforts put forth by the members and friends of the Kentucky Council of the Blind, the support of the Bluegrass Council of the Blind, and the work of the host committee, represent countless expenditures of volunteer hours and planning labor; and

WHEREAS, the success of this great convention was due in significant part to work initiated by the host committee;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization express its great appreciation to the host committee for all of its efforts with regard to this convention.

Adopted.
Cynthia Towers, Secretary

Resolution 2000-53

 

Expresses ACB’s extreme regret and disappointment that the services relating to audio streaming of the 2000 ACB convention were wholly inadequate and caused the audio streaming to largely fail, thus preventing ACB members and friends throughout the world from enjoying access to our convention.

WHEREAS, the audio streaming of the 2000 ACB convention was much anticipated by ACB members and friends throughout the world; and

WHEREAS, there were serious problems with audio streaming throughout the convention;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2000 at the Galt House Hotel in Louisville, Kentucky, that this organization express its extreme regret and disappointment that the services relating to audio streaming were wholly inadequate and caused the audio streaming to largely fail, thus preventing ACB members and friends throughout the world from enjoying access to our convention.

Adopted.
Cynthia Towers, Secretary

ADDENDUM

 

Resolution 2000-41 was withdrawn by its maker. The resolution was submitted by the Randolph-Sheppard Vendors of America to the ACB Resolutions Committee, and was thus numbered along with other resolutions received. The intent of the resolution was not, however, to be edited into an ACB resolution, but rather to thank ACB for its support of legal actions taken by and on behalf of the Randolph-Sheppard Vendors of America. The resolution was thus read on the floor of the convention as a message to the ACB membership, but with the agreement of its maker, it was not further processed as an ACB resolution. Text of Resolution 2000-41 follows.

Resolution 2000-41

 

WHEREAS, the lawsuit to preserve the Randolph-Sheppard priority on military property is one of the most important legal battles ever undertaken by RSVA; and

WHEREAS, to finance such a legal action without the significant and energetic support by others, particularly the American Council of the Blind (ACB) and the National Education Legal Defense Services for the Blind (NELDS), would have been virtually impossible; and

WHEREAS, we now have won an initial major victory on behalf of the blind and visually impaired of America;

NOW, THEREFORE, BE IT RESOLVED by the Randolph-Sheppard Vendors of America in convention assembled this 3rd day of July, 2000, in Louisville, Kentucky, that we express our sincere appreciation to the ACB and NELDS for their support; and

BE IT FURTHER RESOLVED that we acknowledge their continuing support for this great victory by renewing our commitment to our common cause and joint action; and

BE IT FURTHER RESOLVED, that copies of this resolution be distributed to the officers and directors of ACB and NELDS.

Respectfully Submitted,

Ralph Sanders, RSVA Resolutions Cha

ACB 2000 Resolutions