THE BRAILLE FORUM is available in braille, large type, half-speedfour-track cassette tape and MS-DOS computer disk. Subscriptionrequests, address changes, and items intended for publicationshould be sent to: Nolan Crabb, THE BRAILLE FORUM, 1155 15thSt., N.W., Suite 720, Washington, DC 20005.

Those much-needed and appreciated cash contributions, which aretax deductible, may be sent to Brian Charlson, Treasurer, 115515th St., N.W., Suite 720, Washington, DC 20005.

You may wish to remember a relative or friend by sharing in thecontinuing work of the American Council of the Blind. The ACBNational Office has available printed cards to acknowledge toloved ones contributions made in memory of deceased persons.

Anyone wishing to remember the American Council of the Blind inhis/her Last Will and Testament may do so by including a specialparagraph for that purpose. If your wishes are complex, you maycontact the ACB National Office.

For the latest in legislative and governmental news, call the "Washington Connection" toll-free at (800) 424-8666, 6 p.m. to midnight eastern time Monday through Friday. Washington, D.C.,residents only call 331-2876.

As I write this, I am attending the National Industries for the Blind and General Council of Workshops for the Blind annual meeting. It is very interesting to listen to the problems the workshops now face as a result of the administration's reinvention of government initiatives.

For several years, National Industries for the Blind has given a Workshop Worker of the Year award. Each participating workshop selects a Worker of the Year whose name and biographical sketch are submitted to the national office. A committee selects one of these workers to be the national winner. NIB pays each state winner's way to attend the fall conference, along with a companion of his or her choice. In addition, the national winner receives $1,000. This year I am pleased to announce that the national winner is Terri Thomas from Oklahoma. Congratulations to Terri.

As most of you know, the workshops manufacture products for the federal government through the Javits-Wagner-O'Day Act. The JWOD Act was passed in 1938 and was amended in 1972. The amendments included workshops for the disabled as well as the blind.

With the downsizing of government, known as reinventing government (a nice way of saying "reduce spending"), the orders for items purchased by federal agencies have decreased. Also, the government employees responsible for purchasing are told to buy locally and purchase by credit card, which saves money for the government. However, some government purchasers can spend up to $25,000 on their credit card. Needless to say, this increased credit card use means decreased orders to the workshops and, in turn, a reduction in jobs for blind and visually impaired individuals. As you can expect, some workshops are doing better than others because of the demand for the products they manufacture. However, some industries are forced to lay off a number of employees, including blind people, because of the downsizing and its resulting reduction of products to be manufactured by the industries.

Even though under the Javits-Wagner-O'Day Act the items that have been placed on a schedule for purchase by the government (more than 1,500) are to be given priority over other vendors, many purchasing agents do not buy off the JWOD schedule.

Conference attendees have sought to resolve many of these problems. Federal agency heads spoke and gave their support and offered to help in any way they could to resolve some of these problems. Also, the National Industries for the Blind is making some changes in the way it will be marketing the products for federal purchase. The affiliated industries will also work to adapt to this different environment.

The issue of purchasing by credit card will have to be addressed in order to keep government buyers from circumventing the JWOD Act or another purchasing method must be developed that will include the industries in this type of purchasing. From what I heard during the conference, the credit card method is a more economic way to purchase and therefore will not go away.

Even though the conference discussed a lot of problems facing the workshops, conferees maintained a positive outlook that these problems were viewed as a challenge rather than death for the workshops.

Judith Peters is NIB's new president and chief executive officer. (See "Here And There," October 1994.) I am very impressed with the way she has taken charge and firmly grasped the significance of all these problems in such a short time. I met with Peters before the meeting and she is very interested in working closely with the American Council of the Blind as well as other national organizations of and for the blind and visually impaired.

For many years, George Mertz has been the president and CEO of NIB and is now retiring. I would like to wish George well in his retirement and to thank him for all he has done over the years to help blind people live a better life.

CAPTION LeRoy Saunders asks Chuck Schaden to read the winning name off the card he's drawn for the ACB sweepstakes at the convention. All photos copyright 1994 by Natalie Sigler- Westbury.

While the beginning of autumn in some parts of the country this year may have been highlighted by the absence of the baseball World Series, the same period in Washington was highlighted by feverish activity by Congress as it attempted to deal with countless issues, many of which were very relevant to blind and visually impaired people. Recall, for example, the amount of attention devoted by the American Council of the Blind and other advocacy organizations to such important issues as the inclusion of certain services to blind people as part of a national health care program, detectable warnings at transit stations and other locations, unfunded federal mandates, the national information superhighway, lobbying reforms and many other subjects. The level of governmental monitoring and advocacy in the ACB national office had to increase its pace to keep up with the rush of Congress as it attempted to and ultimately failed to deal with many of these issues. Another reason for the fast pace in the national office was the approaching departure of Paul Schroeder as ACB's Director of Governmental Affairs. In early October, scores of ACB members and well-wishers said farewell and best wishes to Paul during an office reception and/or a dinner hosted in his honor that evening.

Although the notice which was published in a prior issue of "The Braille Forum" soliciting the submission of applications for the position of Director of Governmental Affairs indicated that such applications should be submitted by Nov. 1, 1994, anyone who may not have been able to apply by that deadline and who may be interested in the position is encouraged to inquire even if that deadline has passed, inasmuch as the lead time needed by many publications carrying that notice did not give adequate time to many prospective applicants.

In a previous issue of "The Braille Forum" we expressed concern over the fact that the public service announcements released by the Department of Justice in July and dealing with enforcement of the Americans with Disabilities Act had displayed the Department's toll-free telephone number visually but had neglected to state it audibly for the benefit of people who could not see the number. I am pleased to announce that we were informed recently by an official of the Department of Justice that the omission has been corrected and that the announcements, which are now being distributed to television stations nationwide, state that number audibly -- 1-800-514-0301.

As articles in previous issued of "The Braille Forum" by authors such as Charles Goldman have pointed out, disabled people have not reached that "perfect world" as a result of the mere passage of the Americans with Disabilities Act. Many regulations that are needed to implement the act have not yet been promulgated and many regulations that are on the books are not being enforced or are being enforced incorrectly. Further, some of the services or accommodations mandated by the act are under review for purposes of evaluating their efficiency, suitability, level of satisfaction, etc. Recently, for example, it was my pleasure to take part in a briefing by a consulting firm that has been retained by the Federal Transit Administration to make recommendations regarding subscription or "standing order" paratransit trips. Statistics indicate that as few as 20 percent of the riders on such services are responsible for perhaps as many as 80 percent of the trips provided.

The objective of the study being conducted by the consulting firm, which has subcontracted with knowledgeable consultants concerning specific disabilities, is to ascertain whether much of the service now being provided as "standing order" trips could really be provided by fixed-route or other regular transportation services. This objective is clearly related to the cost of providing paratransit service for trips which might be made satisfactorily by the use of fixed-route and other services. In view of the difficulty which blind citizens have encountered in many communities in being declared eligible for paratransit service in the first place in clearly appropriate cases, I was pleased to have an opportunity to underscore and in some cases expand on the recommendations of the subcontracting consultant on vision, who pointed out succinctly that blind travelers may need to juggle a greater number of variable factors than do some other disabled people. Such variable factors can include environmental matters such as the lack of sidewalks or traffic lights, weather conditions such as snow or noisy wind, and personal variables such as differing visual levels from day to day. While I do not believe the study will ever be able to evaluate specific routes with the degree of knowledge and analysis that will be needed to enable transportation providers to decide on a trip by trip basis whether specific disabled people can or cannot make use of fixed-route and other regular transportation services, the fact that the subject study is being conducted shows that services may not be taken for granted and that an unintended result of such studies could make it more difficult for those blind travelers who should truly be ruled eligible for paratransit service.

Although the ACB board of directors devoted much time during its autumn meeting to the recommendations of the Long-Range Planning Committee concerning desirable organizational and procedural changes, much time was also devoted to properly memorializing the late Durward K. McDaniel -- life member, former national representative, former officer and one of the founders of the American Council of the Blind. Since Mr. McDaniel was opposed to traditional funerals, memorials and similar activities, attention focused on the establishment of an activity of which he would have approved. The board established the Durward K. McDaniel Membership Enhancement and Retention Challenge Program in recognition of Mr. McDaniel's limitless interest in membership services. According to the parameters established for this program, ACB members, affiliates and friends are invited to make donations to this fund, the amount of which is to be matched annually from ACB funds. The fund in turn will be used for such services as, but will not be limited to, the funding of first-time convention attendees to the ACB national convention and exploration as to the possible operation of a toll- free information telephone line for Spanish-speaking callers. Donations, made payable to the ACB McDaniel Fund, may be sent to this office or to the office of the assistant treasurer in Minneapolis. Let me emphasize that it will be some time in the future before necessary details are decided upon, so inquiries should be held until further information on this subject is published.

During September, it was Nolan Crabb's pleasure to take part in the state convention of the Oklahoma Council of the Blind and it was my pleasure to take part in the state convention of the Alaska Independent Blind. One of the many highlights of Alaska convention was the active participation of several members of the recently established and rapidly growing chapter of members who are Alaskan natives such as Eskimos and Athabascan Indians. The Alaska state convention was followed the next day by the dedication of the Louise Rude Center as the home of the Alaska Independent Radio Reading and Education Service. ACB members and friends who attended the farewell reception for Paul Schroeder in Washington a few days later were able to enjoy the excellent caribou sausage and salmon which the Alaska Independent Blind presented to me on the occasion of my first visit to that beautiful state.

I am pleased to report that very recently Mr. David Tatel, an outstanding blind lawyer and nationally recognized civil rights advocate, was confirmed to a position as associate justice on the U.S. Circuit Court of Appeals for the District of Columbia. Although a future issue of "The Braille Forum" will carry more details regarding this historic appointment and confirmation, Mr. Tatel, who is a member of the American Blind Lawyers Association, is believed to be the first blind person in the history of the country to be confirmed to a judicial position of this stature. A future article of "The Braille Forum" will be devoted to Mr. Tatel's appointment and confirmation.

CAPTIONS

ACB National Representative Oral O. Miller takes a break from a convention session to say cheese.

Paul Simon and Paul Schroeder attempt to leave the Thursday morning convention session.

Debbie Kendrick speaks after accepting the Vernon Henley Media Award at the convention.

CHICAGO--During its fall board meeting here in mid-September, the board of directors of the American Council of the Blind voted unanimously to establish a memorial fund to honor the late Durward McDaniel, a founding member of ACB and long-time advocate for blind and visually impaired people everywhere. According to board member Chris Gray, who chaired the committee which oversaw the establishment of the fund, this memorial fund is unique in that it provides ACB's board with an opportunity to match up to $100,000.

Every dollar donated by ACB members and others will be matched by funds authorized by the ACB board. The board agreed that it could take up to four years to complete the match. While there is no limit to the amount of money which could be donated to the fund, the board agreed to cap its matching amount at $100,000. It was determined that the money would be used for activities that would promote membership growth and retention. The funds could be used to provide financial assistance for first- time attendance at an ACB convention. Some money could be earmarked for an essay contest in which entrants would delineate the importance of ACB in their lives. Some of the money might also be used for membership committee-related activities.

If you wish to remember Durward McDaniel by contributing to the memorial fund, you may send your contribution to: The Durward McDaniel Memorial Fund, 1155 15th St. NW, Suite 720, Washington, DC 20005.

Prior to voting for the establishment of the fund, the board expressed its appreciation to Paul Schroeder, former director of governmental affairs at ACB. Schroeder currently serves as a consultant in telecommunications policy at the American Foundation for the Blind in Chicago. "I won't stray too far from you," Schroeder told ACB board members. "We have a lot of work to get done."

In his report to the board, ACB President LeRoy F. Saunders said John Buckley, president of ACB's National Association of Blind Teachers, will chair the scholarship committee. Patricia Beattie, an ACB board member, will continue to chair the Environmental Access Committee. Saunders and Charles S.P. Hodge, ACB First Vice President, will co-chair the Convention Program Committee. He said while the committee on the concerns of the elderly blind is not yet formed, "there has been a very heavy response from people interested in being on that committee." Saunders said Vera McClain of Birmingham, Ala., will chair the committee. Sue Ammeter, an ACB board member from Seattle, will chair the Membership Committee. Saunders will replace Durward McDaniel on a Randolph-Sheppard committee established by the National Council of State Agencies for the Blind.

The board heard and accepted reports from various staff members and committee heads. Board members held a lengthy discussion on the subject of computer access and job loss or change which occurs when blind and visually impaired computer users are forced to work in computing environments that currently don't easily support speech or braille output. It was agreed that an accessibility task force would be established and a white paper written which could be used as part of a negotiating arsenal when dealing with software and hardware manufacturers. ACB HISTORY

The board agreed to employ Dr. James Megivern to author ACB's history. Megivern plans to complete the project by the end of 1995. According to Dr. Otis Stephens, immediate past president of ACB, the history could be written in three chronological phases. The first period would include a pre-ACB period detailing conflicts within the National Federation of the Blind which led to affiliate expulsion and the ultimate formation of the American Council of the Blind. That period would focus on the years between 1958 and 1968. The second chronological period would detail ACB's progress and activities between 1968 and 1978 or 1981. The third and final chronological period would review the 1980s and '90s to the present.

The board spent much of its fall meeting working with ACB's Long-Range Planning Committee. A future issue of "The Braille Forum" will include information about that committee's recommendations.

Don't cancel out the ACB convention for 1995 because you may think Greensboro, N.C., does not have much to offer. True, it is a smaller city and less famous than San Francisco or Chicago, but Greensboro has its own charm as a center for educational development, economic growth, and southern hospitality. Situated in the center of the state, North Carolina's third-largest city enjoys a great heritage while being favored as a progressive urban setting. In addition, the Joseph S. Koury Convention Center, which is a part of the Holiday Inn Four Seasons, offers more than adequate facilities for ACB's 1995 convention.

There are many attractions in and around Greensboro for convention attendees who enjoy tours. The Cherokee reservation with its Indian village and outdoor pageant and the Biltmore Estate with its historical mansion and winery are not too far away. The railroad was a key factor in Greensboro's early history, and there is a railroad museum nearby. Greensboro became an early railroad center and was known as the gateway to the South. The city of High Point, close to Greensboro, was so named because it was the highest point on the North Carolina railroad between Washington, D.C., and Atlanta. From your high school literature courses, you will remember William Sidney Porter's short stories from Greensboro. He wrote under the name of O. Henry. The F.W. Woolworth company store downtown was the setting for the first civil rights sit-in in the nation on February 1, 1960 when two black students sat down at the segregated lunch counter and asked for service. This action fueled the campaign for racial integration throughout the South. The place where this sit-in took place can be visited today.

There are many additional attractions in the Greensboro area which you will not want to miss. You will never be able to visit this part of our nation more economically than by attending the 1995 ACB convention. Hotel rates are $47 per night for up to four persons per room. Convention dates are July 1 to 8, 1995. You can call the Holiday Inn Four Seasons at any time at (800) 242-6556 to make your reservations. All reservations including those at overflow hotels will be handled by the Holiday Inn Four Seasons. A shuttle providing transportation between hotels will be available. Mid-year meetings:

The ACB board of directors and the boards of a number of ACB special-interest affiliates will be meeting during the weekend of February 3 to 5, 1995 at the Holiday Inn Four Seasons. Also, President LeRoy Saunders is planning a meeting of ACB affiliate presidents for Sunday afternoon and evening and Monday morning, February 5 and 6. All affiliate presidents, including interest affiliates, are encouraged to attend.

If your special-interest affiliate is planning to meet, you should be contacting Jennifer Sutton, coordinator of membership development and affiliate services, in the ACB national office. Advise her of the estimated number in your group, the date and times of your meetings, and any special arrangements you desire. This should be done as soon as possible, but no later than December 31, 1994. Hotel reservations for this weekend and for the convention can be made at any time. However, the cut-off date for the February meeting is January 3, 1995. Convention room rates will apply. Travel Agency:

For the February meeting, for the ACB convention, and for any other ACB-related travel, remember to use ACB's designated travel agency, International Tours of Muskogee, Okla. Call (800) 295-9299. This agency offers the lowest fares, courteous service and provides shared profits and free tickets to ACB. Be a part of reducing ACB's travel costs by using this travel agency.

Our next ACB convention will be exciting and challenging. Plan now to attend in 1995.

In February of 1990, the U.S. Department of Transportation issued final regulations pursuant to the Air Carriers Access Act regarding "non-discrimination on the basis of handicap in air travel." These regulations effectively terminated a campaign which had been conducted in some circles for a number of years complaining about the service given to blind travelers by air carriers, where blind people could and could not be seated, etc. Whether the regulations satisfied all blind travelers or not, they at least clarified many issues, exploded the sometimes deliberate confusion between federal regulations and company policies and generally established guidelines for the air carriers to follow and a complaint resolutions process for aggrieved disabled travelers to use when appropriate.

Almost every blind person who has taken many trips by plane has encountered embarrassing or perhaps demeaning service by airlines personnel or ground personnel on rare occasions, but most blind travelers would agree, I believe, that generally the airlines and their contract service agencies provide at least satisfactory if not outstanding service when service is appropriate. Yes, most of us are familiar with aggravations such as being asked to ride in a wheelchair which is not really necessary or being asked to leave a plane last. We know, of course, that we are not required to sit in a wheelchair or leave the plane last and that, if these matters go beyond the "need for continuing education" stage, we can file a complaint with the Complaint Resolutions Official pursuant to the regulations issued under the Air Carriers Access Act. As for a good use for those unwanted wheelchairs, whenever I am assisted by an agent who has one along, I frequently use it for hauling my always-heavy carry-on bag. Anyone who wants a cassette-recorded copy of the regulations issued by the Department of Transportation in 1990 may obtain a copy by contacting the ACB national office.

In spite of the generally satisfactory level of service received by most blind travelers most of the time, however, situations sometimes arise which need to be dealt with more firmly as a reminder to the air carriers that they must remain diligent in training and retraining personnel concerning service requested by blind travelers. Recently, for example, the federal government employee who was making business travel arrangements for Ms. Denise Decker, an employee of the Agriculture Department and a guide dog user, was informed repeatedly by an American Airlines reservationist that Ms. Decker, who wanted a window seat, would be required by company policy to sit in an aisle seat with her guide dog under the seat in front of her. Ms. Decker brought this matter to my attention, and I brought the matter immediately to the attention of American Airlines by summarizing the facts, asking for confirmation concerning the alleged policy and demanding the legal authority for such a policy if it existed. Following are excerpts from the cordial settlement letter which came from American Airlines following further discussion of the matter by phone between this office and American:

"Dear Mr. Miller:

Thank you very much for taking time out of your busy schedule to return my call and for your gracious acceptance of my apology. I have left messages also for Ms. Decker requesting that she call so that I might offer her a personal apology and assure her that the information she received was incorrect.

In addition, we appreciate the opportunity you have provided us to correct this mistake. It was most helpful to have the name of the employee to ensure they receive additional training and counseling. ...

In response to your request for a clarification of our policies regarding blind passengers traveling with a guide dog. Our policy is to seat visually impaired customers anywhere in the aircraft with the exception of a row with an emergency exit. This restriction is in compliance with Federal Aviation Administration regulations which preclude passengers with certain conditions from sitting in an exit row. These conditions are: -- age under 15 years -- traveling with an infant or child or with someone who requires your care -- a lack of mobility, strength, or dexterity -- a lack of visual capacity or requiring corrective aids beyond eyeglasses or contact lenses -- requiring assistance beyond a hearing aid to hear and understand verbal instructions -- limited ability to read and understand printed or graphic instructions or to understand crew commands -- a condition that might prevent you from performing evacuation functions -- an unwillingness to assist in an evacuation.

The sole reason for the prohibition is to ensure that in the event of an emergency, there would be nothing to impede customers from exiting the aircraft. This policy is not unmindful of the dignity of any of our customers, but it is one we believe allows the best guarantee of the safety of all customers in an emergency situation.

... We expect our personnel to refrain from any conduct or verbal remarks that might be embarrassing, and we teach our people to offer an arm for assistance but not lead a visually impaired traveler as one would a child. ...

Mr. Miller, our procedures have been designed to be in full compliance with Department of Transportation (DOT) regulations pertaining to the accommodation of customers with disabilities or serious illnesses; however, any customer may pursue enforcement of the DOT ruling 14 CFR part 382. Please give us the opportunity to restore your confidence in our ability to meet the travel needs of Ms. Decker and other members of your organization.

Yours truly,
Ms. D.A. Burton, Senior Representative, Executive Office, American Airlines."

Program recipients will receive an increase in Social Security and supplemental income payments effective January 1995. The increase will be a 2.8 percent cost of living adjustment. The benefits increase is adjusted automatically each year based on the rise in the Consumer Price Index for Urban Wage Earners and Clerical Workers. The benefits and effective for 1995 are:

* The average monthly benefit amount for all retired workers will rise from $679 to $698. For disabled workers the average will increase from $643 to $661 per month.

* The maximum federal SSI payment to an individual will rise from $446 to $458 and the maximum rate for couples will increase from $669 to $687.

Other changes are:

1.The maximum taxable earnings will increase from $60,600 to $61,200 for Social Security. There is no maximum limitation on taxable earnings for the Medicare tax -- the maximum for Medicare was eliminated by OBRA 1993.

2.The amount of earnings to obtain a quarter of coverage will increase from $620 to $630.

3.The Social Security earnings limit will increase from $11,160 per year ($930 per month) to $11,280 per year ($940 per month) for individuals ages 65-69 and from $8,040 per year ($670 per month) to $8,160 per year ($680 per month) for individuals under age 65.

Note: Based on the increased earnings limits for retirees ages 65-69, the earnings limit for substantial gainful activity determinations for people who are receiving disability benefits on the basis of blindness is increased to $11,280 per year ($940 per month) effective January 1995.

4.The maximum Social Security benefit for a worker retiring at age 65 will increase from $1,147 per month to $1,199 per month.

The FICA tax rate will continue at 7.65 percent for employers and employees and at 15.3 percent for the self-employed.

The resource limits to qualify for SSI benefits will remain at $2,000 for individuals and at $3,000 for couples.

An important and significant change was made in the Social Security Act to increase the amount on which employers are required to pay the Social Security tax (FICA) for domestic workers. Under the 1994 act the tax is required only if the domestic worker is paid at least $1,000 in the year. The tax is not payable if the worker is under age 18, except where the person is a regular employee and the household job is the person's principal occupation. To further ease the burden on the employer, the law will permit employers, for the years 1995 to 1997, to use their own annual income tax returns to pay what they owe for a domestic worker. After 1997, the householder could pay when filing his or her own quarterly estimated tax.

The $1,000 wage threshold for domestic workers is effective for 1994. Employers who have paid the tax for workers who earned less than $1,000 will receive a refund. The threshold will increase in increments of $100 with the future growth of national average wages.

CAPTION Glenn Plunkett and Calvin Wooten talk about the day's events.

as suggested by LeRoy Saunders lroy "Gil" Gilliland, president of the Rogue Valley chapter of the Oregon Council of the Blind, approached us in the summer of 1993 to ask our help with achieving privacy in voter access. Currently, the visually impaired who cannot read printed material have two options: they can have a spouse or friend accompany them and mark their ballot, or they can have two poll workers of different parties mark their ballot. Gil felt this system was an invasion of his privacy in that anyone in the polling place could overhear how he chose to vote.

Our first step toward changing this process was to contact our Oregon Secretary of State office. We met with the Assistant Secretary of State, Michael Greenfield. Margaret Epley, the legislative representative for the Oregon Council of the Blind, explained our problem and offered to work with him to find a solution. He suggested including representatives from county clerks' offices as they would have to be involved in implementing any changes in the system.

Our first hurdle was to educate these clerks as to why simply offering a braille ballot would not work. Oregon is a state with a large population of elderly people. Large print or braille would not help the majority of these folks with visual problems. Templates to lay over the ballots require sensitivity of touch to find the openings in which to place the mark.

In November of 1993 the OCB committee, along with Scott Teigh, director of elections for the state of Oregon, and deputy county clerks from Lincoln, Multnomah and Marion counties, met with the information specialist for the local Technology Access for Life Needs Center, Laurie Brooks. During this meeting various methods of voting were exhibited, such as voting by phone and by computer. Representative Peter Courtney, Scott Teigh, Al Davidson (deputy county clerk from Marion County), and other committee members are presently working on preparing several bills to be submitted during the 1995 legislative session. The Oregon statutes that need revision pertain to signatures, quality of paper used for the ballots and electronic voting.

After a series of meetings, we brought in a computer expert who had a working voting by phone system in operation. The advantage of such a system is that the computer equipment would not need to be purchased by the state government. This is a plus in these times of financial crisis. Safeguards have already been designed into the system and the state government need only to contract for the service with a company that has already purchased the equipment.

Now that we have demonstrated how the visually impaired can access a voting system with the use of their own touch-tone telephones from the privacy of their homes, why aren't we all pushing one for Democrat and two for Republican?

There are statutory changes that will need to be made in order for us to be able to use the phone for voting. The first of these is the need for a signature as a means of identification. Even mail-in ballots require that you sign the outside of the envelope as verification that you are the registered voter you claim to be. One solution to this dilemma is to issue a personal identification number to each visually impaired voter when that person registers to vote. In our state, paper ballots must be available for a physical recount if an election is contested. We feel that this could be handled by the simple solution of having a printer issuing a printed ballot for each vote electronically recorded.

It will be well into 1995 before we can expect to achieve our goals, as Oregon's legislature only meets every two years. Sadly, Gil passed away on July 13. However, we who have had the privilege of knowing him are determined to continue the work that he started. Gil was only visually impaired for the last five years of his life. He was a retired Air Force pilot who fought for his country in World War II. Gil had flown missions over Burma. He said that realizing that he was dependent on his wife to exercise his right to vote made him feel like a second-class citizen. In his memory we intend to see this effort through and enact a change in the status quo. The visually impaired of Oregon, nay the United States, are entitled to their right to vote privately.

Al Davidson will be going to New Mexico to a national convention of deputy clerks. At this convention another computer voting software will be demonstrated. Davidson will report to the Oregon committee when he returns.

Princeton, N.J. -- The trustees of the GE Foundation have announced a $75,000 grant to Recording for the Blind's electronic text program, payable over the next three years.

Clifford V. Smith Jr., President of the GE Foundation, said the trustees made the gift because they felt RFB has done a tremendous job meeting the needs of a great many students. "Because we're very, very pleased with the job RFB is doing, we decided to make a longer term commitment to the E-text program than we have in the past," he said. The foundation's previous grants to RFB have been for one year.

RFB President Ritchie Geisel was very gratified that the gift will support the organization's E-text program. "RFB is a pioneer in the area of E-text, which provides almost instantaneous retrieval of information from personal computers," he said, "and the GE Foundation's generous support of this program will ensure that capable students can access the information they need, without regard to disability."

E-text is a system that allows RFB to place books on computer disk, either by scanning the text or obtaining or converting the publisher's source file. RFB's consumers can access the information on a personal computer with adaptive equipment for speech synthesis, braille or large print.

The GE Foundation was recently combined with the General Electric Foundation, Inc., to form an entity known as the GE Fund. It will serve as GE's primary vehicle for philanthropic support.

(Reprinted with permission from "Horizons," November 1994.)

Abraham Lincoln is reported to have said that "figures don't lie, but liars sure can figure."

More recently, the Vietnam War taught us not to rely exclusively on body count numbers. On the other hand, certain numbers are too horrible to ignore.

The time has come for the federal agencies charged with responsibility for enforcing the Americans with Disabilities Act to figure out how to enforce it. Their numbers are just appalling.

Based on the latest information coming from the Equal Employment Opportunity Commission and the Department of Justice, a person complaining to those agencies has less than a one in 500 chance of ever getting those agencies to go to court on their behalf. And that is taking the brighter side, that is, the numbers from the Department of Justice. EEOC is much worse.

As of August 31, 1994, EEOC had received a total of 33,007 complaints charging violations of the Americans with Disabilities Act. EEOC has the authority to initiate lawsuits and to intervene in cases filed by private litigants. How often has EEOC acted? A grand total of 33 times!

If you file a complaint with EEOC, you have less than a one in a thousand chance that the agency will go to court on your behalf.

EEOC's litigation has featured attacks on health insurance plans which discriminate. This is tough, valuable work. Regrettably, no one mentioned that at the ADA anniversary rally in July.

EEOC puts out cumulative statistics about its backlog in processing charges. Now it is even worse than noted here previously. The total backlog of charges (for all laws, including the ADA) exceeds 92,000!

EEOC is not putting out statistics on how many ADA charges it resolves over what period of time. But it is a very safe bet that many, many thousands of such charges remain unresolved.

But EEOC is not the only entity with a heavy docket of ADA complaints. The Department of Justice is in almost as abysmal shape.

As of September 1994, the Department of Justice had received a total of 2,876 complaints under Title II, state and local government and Amtrak, and 2,796 under Title III (Public Accommodations), making a total of 5,672 complaints.

Justice had gone to a court in a total of 24 times under ADA. It had filed 11 amicus curiae (friend of the court) briefs. Ten of those had been under Title II and one under Title III. Justice had filed one employment case against a municipality (under ADA Title I) but not initiated any litigation under Title II. It had filed six cases under Title III. Also, the department had filed four formal consent agreements (which become orders with court approval) under Title III. There had not been any such agreements under Title II.

The bottom line with the Department of Justice is that as of September 1994, in less than one half of one percent of the complaints it receives (24 of 5,672) does the department wind up in court!

Justice, like EEOC, tries to resolve matters, some with quite visible success, such as with the Empire State Building. But it is not clear exactly how many cases are open and how long they have been open. Many Title II cases get referred to other federal agencies, such as the Department of Education and the Department of Health and Human Services. How the Department of Justice monitors the work the other agencies should be doing is not apparent. Under Title III, many of the charges received by the Department of Justice are not opened for investigation, including for reasons such as the lack of jurisdiction. As of September, roughly one-third of the complaints that were opened (549 of 1,635) had been resolved.

It is clear there are other magical numbers.

There is one chief executive, President Clinton, who must exercise leadership by giving the EEOC and Department of Justice the staffs and resources they need to be effective on ADA. The president must invest political capital in making civil rights laws, including ADA, work effectively by showing commitment and fighting for appropriations in Congress.

There is one committee in the House and Senate with primary responsibility for oversight of the federal agencies' actions on the Americans with Disabilities Act. Those committees, the Senate Subcommittee on Disability Policy and the House Select Education and Civil Rights Subcommittee clearly must act to call the EEOC and Department of Justice to task.

The other magical numbers this month are from the ballot boxes. There is much dissatisfaction with the administration. If ADA is any indication, is it any wonder?

The following information will be of great interest to those of you who have been working for years to ensure that every state and territory has a program of independent living services for older individuals who are blind. For years we have been working both toward obtaining sufficient funding to provide every state/territory with funding for a program, and to change the program from discretionary grants to a formula grants program.

Language was inserted in the 1992 Rehabilitation Act to convert the program from a discretionary grants program to a formula grants program, if the appropriation level reached $13 million. We have not been successful in obtaining the $13 million. Currently there are 31 states in the discretionary grants program with a little over $8.1 million in appropriations.

However, the directors of vocational rehabilitation and the administrators of state agencies for the blind determined that the constant change in states with grants, and the fact that some states never received a grant, were administratively costly and unfair to the elderly population of people who are blind.

The directors and administrators astutely recognized that they could alleviate the situation to a great degree by agreeing to divide the available funds and permit each state to have at least a basic program. This stops the unfair practice of starting and stopping programs. It will give the states a core of practitioners on which to build as additional funds become available.

The Rehabilitation Administration (Department of Education) has agreed with the administrators and directors of agencies on the proposal to divide the monies available among all states and territories on a competitive basis for the available funding. The program will remain a discretionary program (until $13 million is appropriated) but the competition will be for dollar amounts. It appears that funding will vary, depending upon competition criteria, from about $130,000 to $180,000. A new competition will be held later this year and the project grants will be for five years.

We can only applaud the administrators and directors for their action designed to help provide independent living services to the elderly who are blind. We need to increase our efforts to assist them by working to obtain additional funding through the appropriations process. We need to convince congressional representatives that additional funding for Title VII, Chapter 2 is vitally needed to permit elderly people who are blind to remain independently functioning members of their communities.

The Department of Education has published final rules on independent living services programs which will have great effect on people who are blind. The rules govern state independent living services, centers for independent living and Independent Living Services for Older Individuals Who Are Blind programs (34 CFR 364-367). The publication states, in part, that "these programs support the national education goal that, by the year 2000, every adult American will be literate and will possess the knowledge and skills necessary to compete in a global economy and exercise the rights and responsibilities of citizenship." I hope that members of ACB can take advantage of that promise and where needed obtain the necessary knowledge and skills to compete.

Other parts of the regulations that are of particular interest to us are: the Secretary has added the words "cognitive" and "sensory" to the definitions of "individual with a significant disability" and "significant disability" in the regulations.

Inasmuch as these regulations cover the programs in Title VII of the Rehabilitation Act, people who are blind should avail themselves of services provided in centers for independent living, older blind programs and where a vocational goal can be established under Title I for rehabilitation services. To set out some of the more important aspects of the regulations, I am highlighting some sections of the regulations.

For the state independent living services and centers for independent living, independent living services include, in part: rehabilitation technology; mobility training; services and training for individuals with cognitive and sensory disabilities, including life skills training and interpreter and reader services; education and training necessary for living and participating in a community and its activities; provision of needed prostheses and other appliances and devices, and any other services that may be necessary to improve the ability of an individual with a significant disability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment.

In that part of the regulations dealing with the development of the state plan, public hearings must be public and all interested groups, organizations and individuals must be given an opportunity to comment on the plan prior to its submission to the secretary. It also says that the designated state unit and state independent living council "shall make reasonable accommodation to individuals with disabilities who rely on alternative modes of communication in the conduct of the public meetings, including providing sign language interpreters and audio loops" and "provide the notices of the public meetings, any written material provided prior to or at the public meeting, and the approved state plan in accessible formats for individuals who rely on alternative modes of communication."

Under requirements for staffing of the service providers, the provider must assure that, to the maximum extent feasible, the provider makes available personnel able to communicate with individuals "with significant disabilities who rely on braille or audio tapes, and who apply for or receive I[ndependent] L[iving] services under Title VII of the act."

There is a particular section, 364.28, that may have some far-reaching implications for the older blind program; it is "the state plan must include an assurance that the DSU will seek to incorporate into and describe in the state plan any new methods or approaches for the provision to older individuals who are blind of IL services that are developed under a project funded under chapter 2 of Title VII of the act and that the DSU determines to be effective."

Also, in 364.27, the "state plan must describe how IL services funded under chapter 1 of Title VII of the act will be coordinated with, and complement, other services, to avoid unnecessary duplication with other federal, state, and local programs, including the OIB program authorized by Chapter 2, Title VII of the act, that provide IL or VR-related services."

You will be interested to know that the Vocational Rehabilitation Administration has recently received and reviewed for awards applications for grants funding the centers for independent living and the older individuals who are blind program under chapter 2. The grants are for five years, depending upon continued program funding. You will be pleased to know that the VR Administration has accepted the proposal by the state VR and state agencies for the blind that each state be given a portion of the chapter 2 funds. The states now compete for dollar amounts rather than for a program as under the prior rules whereby only some of the states obtained a grant. Under the new arrangement, each state can at least have a basic program on which to build, and which can be expanded as more funds become available from public, state or federal sources. Also, it will give states and us more incentive to work for higher appropriations from Congress.

(Editor's note: This is the text of a speech Don Petty, a deaf-blind Oklahoman, delivered at the Hugh O'Brien Youth Foundation conference in June. While his target audience included high school sophomores, some of the points he makes are relevant to all of us. His points are nothing new to most of us, but an occasional reminder isn't a bad idea now and then.) [end of note]

Growing up blind and hearing impaired I had to seek out information that comes so naturally to people who see and hear. So I learned braille in third grade as a way to read and learn. Sign language didn't come until age 19 when I was starting college.

There are a lot of ways to feel isolated; and there are a lot of feelings that are similar to being lost and yet not totally lost. Trying to get an education as a deaf-blind person is also feeling lost. The hardest part was probably wanting to learn, then not being able to read the text or hear the teacher. This seemed as true in third grade as it did in 10th and in college.

I knew I needed and wanted the education that Americans expect. It was going to be a battle, and I saw that battle as a sad and daring adventure. And I learned. I learned what the teachers spoke; and I learned how my tutors and interpreters felt about the material. Most of all I learned what life had to teach me, and that is what I will share with you today.

You are just coming to the age when you have more control over your lives. You start to control the direction of your education by choosing which courses to take. You start to control where you spend your time when you begin to drive a car. You test the waters of independence when you are away from home more. Now is the time that your self-image solidifies, as you discover your talents, your strengths and weaknesses. And now is when you form habits that will carry you through college and through your careers.

First, be consistent. It took me seven years to finish college: two sessions at Gallaudet University for the Deaf in Washington, D.C., and the rest at the University of Oklahoma, where I received a bachelor's degree in journalism. Most of the time at Gallaudet I felt rejected by the deaf community, because I could not see the students' signs, and rarely did they make a point to come over to let me touch their hands. It was lonely, and I had to push myself to face the days when I would eat alone in the cafeteria -- no one to tell me what food was available or where to reach for the plates. I didn't know what to ask for. But I stayed.

Back at OU, I went to class and sometimes the interpreter would sign his own opinions during class rather than just interpret the professor's words. One night I made plans to go to a seminar on a topic about which I was really interested only to find that the interpreter did not bother to show up. The frustration built and built, until I wanted to give up. I wanted to scream -- to quit. But I stayed, and worked at it until I graduated in 1980, one of the few deaf-blind people to graduate from a regular university in the United States.

All along the way, professionals tried to tell me it would not be feasible to try to get through college, but I was consistent enough to see it through. There will be people in your life who will try to discourage you from your dreams. But you have the control over your life's direction -- and when you choose it then you must be consistent in your efforts to achieve your dreams.

Don't be pigeonholed. People like to put others into categories so we don't have to think about them as individuals. If we say, "He is a jock" or "She is a rich kid," we treat them as if that label defines a person in full. I have two handicaps, but I am more than just a handicapped person. I am humorous or serious; I am a businessman, a brother, a husband, a son. I am a tutor, a student, a basketball player, a sports fan. I'm an organizer and an activist, a Toastmaster, and a nut.

When I was not able to find a newspaper job after college I asked several agencies for the disabled to help me in establishing my career. I was shocked at their responses. A counselor at a highly recommended school in Colorado said, "Most deaf-blind people don't work." That was it. No advice, no leads, no introductions, and certainly no encouragement.

When I went to the State Department of Vocational Rehabilitation I found out that the only careers they help blind people obtain are at the League for the Blind, making ladders and doormats, or in the vending program, where the blind can operate snack bars. No matter if you are a violinist, a math whiz, an artist, a teacher or a sportscaster, when you ask for help from the state you will make ladders or sell candy bars. Talk about pigeonholes! I accepted the vending job in order to make a living, but I was able to get a job with the "Midwest City Sun" writing a poetry appreciation column. A blind friend and I started a basketball team for the visually impaired. And I am now a marketing executive for a company that makes environmentally sensitive products.

But I had to get out of that pigeonhole to find these opportunities, and so must you. If you accept the image that people have of you then you lose control over your direction. Cultivate different areas of your imagination.

Finally, know that you influence others. It is an awesome feeling to know that people look to you as an example. We all have teachers or mentors whose advice has helped us make a decision, or heroes whose actions have given us courage. A shout of encouragement from a stranger on the sidelines spurs us to take a shot at the hoop. Everything we do influences others. I can't tell you the number of times strangers have come up to me and said that I helped them in some way to face their problems or have shown them what is possible. We have the responsibility, whether we want it or not, to use our talents to lead the people who look up to us.

Each of you is here this weekend because you are a leader. Your decisions will be examples that someone will learn from. So be consistent, that you may give others the courage to follow your footsteps. Don't be pigeonholed. It is up to you to step into the life that you want. Try things that you don't know if you will like or be good at. The greatest sadness is not to have tried and failed, but to have failed to try. Helen Keller was courage in human form. She once said that, "Life is a daring adventure or {it is} nothing." Know that people look up to you whether you want them to or not. So let them see courage.

The announcement of new products and services in this column should not be considered an endorsement of those products and services by the American Council of the Blind, its staff or elected officials. Products and services are listed free of charge for the benefit of our readers. "The Braille Forum" cannot be responsible for the reliability of products or services mentioned.

WHITE HOUSE FELLOWS

The White House is accepting applications for the 1994-95 White House fellowships. Fellows serve for one year, working as full-time, paid assistants to cabinet secretaries or other top-level executive branch officials. They also participate in an education program, which features weekly meetings with top-level government and private sector leaders. Applicants are judged on the basis of their professional, academic and other accomplishments, and upon their interest in public service. The application deadline is December 1. For an application, call (202) 395-4522, or write The President's Commission on White House Fellowships, 712 Jackson Pl. NW, Washington, D.C. 20503, or access on- line at [email protected]; the message you send on-line should be "send application" or "send brochure."

HELP SOURCES

The "Resource Directory for Older People" lists nearly 200 federal agencies and national organizations that provide information and service for older Americans. Topics include health, legal aid, self-help, educational groups, social services and consumer advice. It is available free from the National Institute on Aging Information Center, P.O. Box 8057, Gaithersburg, MD 20898-8057; (800) 222-2225.

Eldercare Locator is a toll-free number that links older people and their caregivers to local information and referral resources that provide information about legal assistance, adult day care, senior centers, home health services and nursing homes. The number is (800) 677-1116.

The Helen Keller National Center has a new "Directory of Agencies Servicing Individuals Who Are Deaf-Blind." It lists programs alphabetically by state that serve individuals who are deaf-blind. The directory is a ring binder that allows for additions and corrections. To order it, contact Allison Burrows, HKNC Community Education Department, 111 Middle Neck Road, Sands Point, NY 11050-1299.

The AFB has some new books and video tapes. "HIV/AIDS Prevention: A Guide for Working with People who are Blind or Visually Impaired" is a resource that rehabilitation teachers and counselors, educators, blindness professionals, and blind and visually impaired people will find helpful. It costs $29.95, plus $3.50 shipping and handling.

"The Art and Science of Teaching Orientation and Mobility to Persons with Visual Impairments," by William H. Jacobson, is a comprehensive textbook for orientation and mobility instructors. It costs $45, plus $4.50 postage and handling.

"Strategies for Community Access: Braille and Raised Large Print Facility Signs" is a seven-minute video anyone can use to educate architects, planners, facility managers, sign makers, and consumers and their families about the value of accessible signs for blind and visually impaired people. It comes in VHS format, color, for $19.95, plus $3.50 postage and handling. To order one of these items, contact the AFB, c/o American Book Center, Brooklyn Navy Yard, Building No. 3, Brooklyn, NY 11205, or call (718) 852-9873; fax (718) 852-9647.

BOOKS ON TAPE

Audio-Forum, a division of Jeffrey Norton Publishers, is a 22-year-old publisher of cassette-based self-instructional language courses in 91 languages. In addition to French, Spanish, German and Italian, there are hard-to-find programs like Ukrainian, Navajo and Amharic. The language courses, all voiced by native speakers, emphasize learning by listening and repeating material presented on the cassettes. There are references to an accompanying printed text for which you'd need a reader's assistance. But Audio-Forum doesn't just do languages -- they have literature, too, such as Robert Frost's poetry, E.M. Forster's "A Passage to India," Herman Melville's "Moby Dick," Henry James' "Daisy Miller," and Jane Austen's "Emma." To obtain a copy of Audio-Forum's catalog, call 1-800- 243-1234 or send your request to Audio-Forum, 96 Broad St., Guilford, CT 06437. When placing your order, state that you are a "Braille Forum" reader, that you are blind or visually impaired, and that you qualify for Audio-Forum's special 25 percent discount.

RESOURCES ON-LINE

Hundreds of resources for parents of children with special needs are now available on the Local Interagency Network Communication System's electronic bulletin board system. Callers gain access to the LINCS BBS with a computer and modem. Set the modem for no parity, eight data bits and one stop bit and call (408) 294-6933. The board operates 24 hours a day. There are no registration fees. For more information, contact PHP-The Family Resource Center for Children with Special Needs at (408) 288-5010 (voice).

NEW PRODUCTS AVAILABLE

Vocal-Eyes and other GW Micro products are available at Ferguson Enterprises' store in Manchester, S.D. Richard De Steno's games also work well with speech. You can purchase WordPerfect 6.0 and receive a 6.0 reference card and installation instructions in braille, cassette or large print, and your disks can be labeled in braille or large print at no extra charge. Many new products will be available in the fall catalog, available at no charge, in large print, cassette and on disk. Call about Ferguson's monthly specials. We now accept Visa, MasterCard, Discover or American Express. Ask about the company's impressive low- cost single-sheet scanner with DOS-based optical recognition software. Call (605) 546-2366 from 9 a.m. to 9 p.m. Monday through Friday, and 9 a.m. to 3 p.m. on Saturday.

BEYOND THE SHADOWS

"Beyond the Shadows and the Doubts" is a new audio cassette by Debbie Garrison, produced by Scotch Tape Productions in Dallas, Texas. She speaks to school children, church groups, community organizations and corporate groups on the abilities and issues of the disabled. The tapes cost $6. To order a tape, write to Debbie Garrison at P.O. Box 852637, Richardson, TX 75085-2637.

NEW BULLETIN BOARD

The Sturge-Weber Foundation has installed a computer bulletin board system available to anyone with a computer and modem. The BBS phone number is (614) 899-9650. It is open 23 hours a day, 7 days a week. Set your communication software to eight data bits, no parity, and one stop bit.

READ 'N' WRITE

Vision Aids has introduced the Read 'n' Write, a device that allows visually impaired people to use their TV sets to help them read and write. All you have to do is place a book or writing project on a flat surface near any TV screen, and put the special plug into the TV. It magnifies from two to 70 times. For more information, phone 1-800-765-7483.

MAGNASIGHT

MagnaSight, a lightweight, compact TV-based magnifying system, is available from EF Enterprises. It offers standard text, enhanced text, and inverse text. For more information, contact EF Enterprises at (803) 643-3132.

MAINSTREAM SOUND

"Mainstream" magazine is now available on cassette for people with visual impairments and those who have difficulty handling printed materials. It is available by subscription only. One year, 10 issues, costs $24; two years, $40. Earlier this year, the magazine became available on diskette, ASCII format 5 1/4- and 3 1/2-inch sizes for PCs, and 3 1/2-inch for Macintosh. For more information, or to subscribe, contact "Mainstream" at (619) 234-3138, or write to 2973 Beech St., San Diego, CA 92102.

GUIDE FOR GUIDE DOGS

The second edition of "A Guide to Guide Dog Schools" by Ed and Toni Eames is now available. It describes two Canadian and 14 U.S. guide dog training programs. Topics covered include application procedures and selection process, statistical data, average daily schedules during training, free time activities, ownership policies and contact after graduation. The 145-page book is available in regular print or computer disk for $10 including shipping and handling. Indicate which format you want -- print, 3 1/2" disk or 5 1/4" disk -- and send your name, address, phone number and payment to Ed and Toni Eames, 3376 N. Wishon, Fresno, CA 93704-4832; phone (209) 224-0544. Checks should be made payable to Disabled on the Go. The cassette and braille versions are being produced by the National Library Service for the Blind and Physically Handicapped; contact the library that supplies you with talking books to determine availability.

AFB AWARDED

The Association for Education and Rehabilitation of the Blind and Visually Impaired presented AFB Press director and "Journal of Visual Impairment & Blindness" editor-in- chief Mary Ellen Mulholland with the C. Warren Bledsoe Special Achievement Award at its meeting in Dallas, Texas. Author Dona Sauerburger received the C. Warren Bledsoe Publications Award for her book, "Independence without Sight or Sound."

Denise M. Rozell has been appointed to the position of AFB governmental relations specialist. She is responsible for issues related primarily to health care and education. Also, MCI has awarded AFB $25,000 to make its Migel Library and Information Center resources available on the Internet. Resources that will be available include the library's card catalog; the index for "Journal of Visual Impairment & Blindness;" the Careers & Technology Information Bank, and AFB fact sheets on various subjects.

AFB is also seeking nominations for its 1995 Access Awards. Nominations should illustrate an innovative and/or ongoing effort which has improved the lives of blind and visually impaired people by enhancing access to information, services or the environment. The effort should be significant in impact and scope and/or be a prime model for replication on a higher level. Written nominations addressing these criteria should be sent to the American Foundation for the Blind, 1995 Access Awards Committee, 15 W. 16th St., New York, NY 10011. Nominations made in print, braille, or on cassette must be postmarked no later than November 30, 1994. The awards will be presented at a reception at the 1995 Josephine L. Taylor Leadership Institute, to be held in Washington, D.C., March 16-18.

BOOKMANAGER

BookManager, information retrieval software, is now available from Recording for the Blind. The software works with books in BookManager format; it does not work with E- Text or ASCII. You need an XT or higher class of IBM PC or compatible, PC-DOS or MS-DOS 3.3 or later, a hard disk with 2 megabytes of free storage plus space for books. It is distributed on a 3.5-inch high density diskette. BookManager works with IBM Screen Reader, Vocal-Eyes, ASAP, JAWS, Vert Products, Artic, Windows Bridge, Zoom Text, Magic, Vista, LP DOS, Alva, Navigator, Master Touch and Sound Proof. To order BookManager, call (609) 520-8000 or write to Recording for the Blind, 20 Roszel Road, Princeton, NJ 08540.

DESPERADOS

Dodge City Desperados is a new computer adventure game for IBM and IBM- compatible computers that works well with speech output. The player becomes the sheriff of Dodge City in the days of the wild West, hunting down the desperados in town, something that's not so easy to do. For your copy, send a $20 check to Richard De Steno, 20 Meadowbrook Rd., Short Hills, NJ 07078, or call (201) 379-7471 for more information. Please specify which size disk you want. Other games are also available.

LEARN WORDPERFECT

Accessible instructional material for WordPerfect 5.1 is now available. Entitled "Perfect Scribe," it is a tutorial written especially for blind and visually impaired computer users by ARTS Computer Products, Inc. "Perfect Scribe" is available in grade 2 braille for $75, in print for $45, large print for $55, and two-track audio cassette for $55. Add $5 for shipping. For more information, call (800) 343-0095.

JOB OPENING

The New Jersey Blind Men's Association is seeking an executive director. Duties include, but are not limited to, fund raising, public relations, administration, camp director. The association operates a summer residence camp and day program. Salary is negotiable depending upon experience in work related to blindness. Send your resume to the association at 18 Burlington Ave., Leonardo, NJ 07737-1615.

NEW SOFTWARE

Henter-Joyce announces an educational tool for people with learning disabilities called WordScholar. It is a computer program that speaks and highlights the words displayed on the monitor. It is designed specifically for people with learning disabilities, and uses some of the same technology as JAWS. It can work with most software programs that rely on written language. For information, or to order WordScholar, call (800) 336-5658 or (813) 576-5658.

SOCIAL SECURITY

The Social Security Administration booklet, "Working While Disabled -- A Guide to Plans for Achieving Self-Support While Receiving Supplemental Security Income," tells how to set up a plan for becoming self-supporting. Copies can be obtained from Social Security. Call 1-800-772-1213 to request the booklet, any business day between 7 a.m. and 7 p.m.

RFB HAS NEW LICENSE

The Cornell Research Foundation has licensed Recording for the Blind to conduct research on ASTER (Audio System for Technical Reading), and to use ASTER to produce and distribute audio recordings of mathematical material, according to a recent press release. ASTER, the creation of Dr. T.V. Raman of Digital Equipment Corp., controls pitch, loudness, pauses and other elements of sound to convey mathematical notation presented on the printed page.

ENSURING ACCESS

Making the information superhighway accessible to all people, including disabled people, is the goal of the World Institute on Disability as outlined in its new publication, "Telecommunications and Persons with Disabilities: Building the Framework." It is the second report and final product of the Blue Ribbon Panel on National Telecommunications Policy, which brought together national leaders from major disability organizations including ACB, telecommunications industry representatives and policy makers. Copies of "Building the Framework" are available for $5 each for individuals and nonprofit groups, and $35 each for corporations. To order copies, send a check to the World Institute on Disability, 510 16th St., Suite 100, Oakland, CA 94612. Indicate the name of the publication, "Building the Framework," in your order.

GUIDE FOR SIGHTED

The Jewish Guild for the Blind has a free brochure, "A Guide for Sighted Persons ... When with Blind or Visually Impaired Persons," available upon request. To obtain one, write to: Public Relations Department, Jewish Guild for the Blind, 15 W. 65th St., New York, NY 10023, or phone (212) 769-6237.

PEOPLE & CULTURE

Would you like to learn about the people and cultures of other countries? Would you like to make friends around the world using audio cassettes, computers or writing? If so, contact Audio Visual Travel Club, #8 Hill Dr., Handforth, Wilmslow, Cheshire, SK9 3AR, United Kingdom.

OUTTA SIGHT

Beyond Sight, a business owned and operated by Jim Misener, recently began offering a loan program for adaptive technology. Terms of financing are 15 percent for loan periods up to five years. The current loan approval rate is 90 percent. For more information, call Beyond Sight at (303) 795-6455.

ARKENCLONE

Intel Corp. presented a $1 million gift of Pentium microprocessors on Sept. 7 to Arkenstone. Using these microprocessors, Arkenstone was able to make available An Open Book, Premium (tm) Edition, for use by blind and visually impaired people. Arkenstone, working with Intel Corp.'s 486DX2 chips, has created a new reading system, the ArkenClone. When paired with Arkenstone's Open Book Unbound software, a scanner, speech synthesizer and screen access program, the computer becomes a fully functioning, completely accessible talking personal computer. The ArkenClone costs $1,495 and is shipping now. It is only available to people with disabilities. Using the Pentium chips, Arkenstone created the ArkenClone Pentium (tm) model. For more information, write to Arkenstone at 1390 Borregas Ave., Sunnyvale, CA 94089; phone (800) 444-4443 or (408) 752-2200, or fax (408) 745-6739.

ADA COMPLIANCE

Status reports on ADA compliance, published quarterly, describe the Department of Justice's Civil Rights Division's efforts to bring about compliance through lawsuits, friends of the court briefs and settlements. Reports and updates are published quarterly in standard print and alternative formats. To request one, call 1-800-514-0301; TDD, 1-800- 514-0383.

To file a complaint about violations of the employment section (Title I) by state or local government, or by private employers, send your complaint to the Equal Employment Opportunity Commission, Program Development and Technical Assistance Division, Office of Program Operations, 1801 L St. NW, Washington, DC 20507. Complaints about Title II violations by state and local governments should be filed with the U.S. Department of Justice, Civil Rights Division, Coordination and Review Section, P.O. Box 66118, Washington, DC 20035-6118. Complaints about Title III violations by public accommodations and commercial facilities should be filed with the U.S. Department of Justice, Civil Rights Division, Public Access Section, P.O. Box 66738, Washington, DC 20035-6738.

NEW TOUCHING WORDS

Touching Words by DesignKraft has introduced the second edition of its card line. There are many casual note cards, with a message on the front and blank inside. Custom holiday design and thank you cards are available with a 50 percent deposit. An individual card costs $3; a set of eight all-occasion cards and a set of 10 cards (same verse, includes holiday cards) each cost $15. A set of 10 note cards costs $15 also. A portion of the proceeds from card sales benefits the Visual Aid Volunteers of Garland, Texas. For custom orders or more information, call DesignKraft at (214) 249-4201, or write the company at 4822 Chilton Dr., Dallas, TX 75227-2918.

JOB OPENING

The Department of Political Science at the University of Tennessee, Knoxville, seeks someone to fill a tenure-track position in international relations to begin in the fall 1995 semester. Appointment will be at the junior assistant professor level. Applicants should bring a strong commitment to excellence in teaching and research, and be well-grounded in the theories and analytic methods of international relations. Applicants for the position should also have a substantive focus in at least two of the following areas: international political economy, foreign policy processes, conflict resolution, and/or international relations theory. Competence in research methods appropriate to the areas of research and teaching interests is required. Other requirements include: completion or near-completion of the doctorate in political science and a demonstrated potential for scholarly achievement. Send a letter of application, three letters of recommendation, transcripts, and a detailed curriculum vitae to Professor Otis Stephens, Department of Political Science, 1001 McClung Tower, University of Tennessee, Knoxville, TN 37996-0410.

COMPUTER GUIDE

Tri Visual Services now offers the 11th revision of "A Resource Guide to Computer Access for Visually Impaired People." This directory contains information about more than 100 companies that carry specialized computer access technology for the blind and visually impaired. It is available in large print, computer disk and braille; it costs $15 a copy. Send your name, address, request and payment to Tri Visual Services, 1713 J St., Suite 211, Sacramento, CA 95814; phone (916) 447-7323.

MUSIC & MINISTRY

The Wilson Tape Lending Library Service has music and monthly ministry tapes on 30-day free loan. Contact Bishop G.L. Wilson Jr., 4928 White Blvd., Mableton, GA 30059. Request this service by cassette tape or large print. NOTEBOOK READER Arkenstone has announced that "An Open Book Unbound" supports notebook computers. The notebook support system consists of the newest version of "An Open Book Unbound," an HP ScanJet IIp, a parallel-to-SCSI converter and a new diskette of scanner drivers from Hewlett Packard. The system is priced at $2,093. If your notebook has an ASPI- or CAM-compliant SCSI interface, the parallel-to-SCSI converter is not necessary, saving you $219. Prices do not include the cost of the notebook computer or voice synthesizer. For more information, contact Arkenstone at 1930 Borregas Ave., Sunnyvale, CA 94089; phone (800) 444-4443 or (408) 752-2200.

BRITISH AIDS

Independent Living Aids, Inc., now has products that were only available by ordering directly from the Royal National Institute for the Blind in Great Britain. Products include brailled Monopoly, Scrabble, dice, dominoes, geometry kits, protractors, compasses, tools, a world globe, maps and a map-making kit, and much more. The company has prepared a catalog of RNIB's products; to order a copy in large print, braille or cassette, call 1-800- 537-2118.

ACCOMMODATION BOOK

The second edition of RPM Press' "Job Accommodation Handbook" is now available. It contains information on how to help employers comply with the ADA's "reasonable accommodations" guidelines. To order, send your name, address and $44.95 plus $3.50 shipping and handling to RPM Press Inc., Dept. NR, P.O. Box 31483, Tucson, AZ 85751; phone (602) 886-1990. Quantity discounts are available.

DVS NOTATION IN OHIO

The "Columbus (Ohio) Dispatch" lists each described program in the daily "highlights" section of its TV schedule, according to "Telability Media." Also, the weekly TV supplement on Sunday carries a paragraph on the inside front cover telling readers to check with WOSU for DVS program information.

AMERITECH BRAILLES

In accordance with Illinois state law, Ameritech began furnishing customers' bills in braille Aug. 1. Visually impaired or blind customers who request the braille bill will receive it as a supplement to their regular phone bills. Ameritech also offers large print bills for those who request them. Phone your requests to Ameritech's business office at 1-800-244- 4444.

TWO GOOD PEOPLE

The Seeing Eye presented its highest honors Sept. 23 to James P. Storer and Betty White. Storer received the Dorothy Harrison Eustis Humanitarian Award, named for The Seeing Eye's founder, for his history of initiative, generosity and leadership to visually impaired people, blindness organizations and humanitarian causes. White received the Buddy Award, named for the first Seeing Eye dog, for her continuing role as a friend to animals. While in Morristown, White narrated a new video for Seeing Eye puppy raisers.

ALADDIN ARRIVED

TeleSensory has introduced Aladdin, a personal reader, for $1,795. It's easy to use: take it out of the box, plug it in, turn it on, adjust one lever and one knob, and you're ready to read. You can even move heavy items like phone books and dictionaries with ease. It has a five-year warranty and a 30-day money-back guarantee. Call an Aladdin counselor at 1-800-672-5233.

BLACKBURN ON BOARD

Audley Blackburn, an ACB member and Texas activist, has been appointed to the Capital Metropolitan Transit Authority's board of directors. Blackburn, an Austin resident since 1985, is the past chairperson of Capital Metro's mobility impaired services advisory committee. He is a former board member for the Central Texas Legal Aid Society and the Austin Resource Center for Independent Living, and has served on the City of Austin Urban Transit Commission since 1987.

ELVIS FAN CLUB

Mary Lou Washburn, RSVA secretary, would like everyone to know about the Oklahoma Fans for Elvis fan club. New members receive a membership package, and a different package with each yearly renewal. Dues are $13 a year. All members receive six newsletters each year. For more information, write to Mary Lou Washburn at 1916 NW 21st, Oklahoma City, OK 73106; phone (405) 525-5231 (home) or (405) 954-3011 (work).

WALKMATE

Safe Tech International has released a new product, called WalkMate. It uses sonar technology to help blind people navigate around objects the cane can't detect, such as jutting signs and phone booths. It is not intended to replace the cane. To order, send your name, address, and payment of $189 to Safe Tech International, 321 Commercial Ave., Suite 210, Palisades Park, NJ 07650. For more information, call (201) 461-2505.

WBU & WOMEN

The World Blind Union Committee on the Status of Blind Women for the North America/Caribbean Region has been working for the past several years to find ways to improve the situation faced by blind women in the region, especially in the less-developed Caribbean countries. Some of the initiatives the committee is involved in include a survey of blind women in the Caribbean, developing a pamphlet containing profiles of blind women from throughout the region, and the organization of leadership seminars for blind women in the Caribbean for 1996.

Another initiative is the establishment of a network of blind women throughout the region who may have an interest in the work of the committee and who have some skills or contacts which they would be willing to share with the committee or other blind women. Skills that would be helpful include training, organizational development, public speaking, proposal writing, advocacy, etc. The committee would like to have blind women from different areas in the region assist with advocacy, presentations at conferences or meetings or special projects within each person's geographic area. To help, contact Penny Hartin, 231 Saunders St., Fredericton, New Brunswick E3B 1N6, Canada; phone (506) 455-2261.

ARONSON WINS

Nancy Aronson of Malden, Mass., was the winner of the Harry McDonough Memorial Sailing Regatta for the Blind held September 16 and 17 in Boston Harbor. Aronson was joined by teammates Debbie Keating of New York (blind crew), Lyn Comfort of Rhode Island and Bill Rapp of Rockport, Mass. as sighted guides. In second place were Vince Morvillo, Linda Moores, Roy Garrett and Dick Playter. And Matt Chao, Mike Hagmaier, Peter Harrington and Steve Olanoff took third place.

NEW PLACE FOR A PASS

Are you disabled, or do you know someone who is? Do you receive disability benefits or SSI and wages? Do you want to start your own business, go to college, or get job training? You can keep all your benefits and get much more. To create a guaranteed plan to achieve self-support, call Jerry or Karen at Poss-Abilities Plus at 1-800-353-2320. Poss- Abilities Plus also offers booklets on what a PASS is and how to get one, what SSI and SSDI are, what work incentive programs are, information on Medicare and Medicaid, what to know before you start a small business, what a handicapped assisted loan is, and what you should know when buying a computer. To order, call the number above, or send your order along with $2.69 cash or cashier's check per booklet to Information Please, c/o Poss-Abilities Plus, 1020 9th St., Suite 205, Greeley, CO 80631. Include the titles you're ordering, and allow four to six weeks for delivery.

FOR SALE: The Visually Impaired Information Specialists, Inc., would like to sell ACB placemats which are laminated white, with a blue border and the ACB logo in blue in the center. Each placemat costs $2. To order, call 1-800-484-9655 extension 3912 or write to Donna Seliger, 3912 SE Fifth St., Des Moines, IA 50315-2803.

FOR SALE: Braille 'n' Speak, includes manual in tape and braille, adaptor and cable. Perkins brailler, needs cleaning, asking $275. Contact Kyle McHugh at (617) 437-9238.

FOR SALE: Epson dot matrix printer, 24-pin, with five complimentary ribbons, $100. Cable not included. 80 meg hard drive. Asking $80. If you're interested in either of these items, ask for Thurman at (301) 953-1806.

FOR SALE: Type 'N Speak, includes charger, carrying case, all manuals, and interface cable. $1,000. Also, Optacon II with battery charger, braille manual, $500 or best offer. Contact Rodney Neely, 1716 Grove Ave., Apt. 1, Radford, VA 24141; phone (703) 633- 2634.

WANTED: Jumbo braille writer in good condition, with any attachments and other jumbo braille equipment. Contact Judith Greaves, 71 Rosewood Ave., Washington, PA 15301; phone (412) 228-6456.

(Editor's Note: The author is an attorney who currently lives in Ohio.) [end of note]

"To identify essential job functions under the ADA, a job analysis should focus on the purpose of the job and the importance of actual job functions in achieving this purpose." U.S. Equal Employment Opportunity Commission, "A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act," U.S. Government Printing Office, Washington, D.C., 1992, p. II-20.

"A job description must do more than prescribe motions, do this, do that, this way, that way. It must tell what the work will be used for, how this work contributes to the aim of the system." W. Edwards Deming, "The New Economics," Massachusetts Institute of Technology Center for Advanced Engineering Study, Cambridge, Mass., 1993, p. 65.

The reasonable accommodations provisions of the Americans with Disabilities Act have been criticized as micromanagement by government of business operations. This micromanagement, according to these critics, shackles free enterprise, thereby impeding the economy.

The employment provisions of the ADA, Title I, include the requirement that employers refrain from discriminating against disabled employees who are qualified with respect to the essential functions of the job, with or without a reasonable accommodation. This means that, with respect to any given job, an employer should know its functions and be able to distinguish those functions which are essential from those which are not. Furthermore, the employer must be prepared to modify the way this job is performed by providing a disabled employee with a reasonable accommodation.

The ADA regards each employment as unique. There are no general formulae. Rather, the appropriate response depends upon the particular abilities and disabilities of the given individual and upon the particulars of the given job.

The ADA's critics essentially contend that employers, by distinguishing a job's essential from non-essential functions and by fashioning reasonable accommodations, are engaged in tasks that otherwise they would not perform. These added tasks are unproductive, critics contend, hence a drag on the economy.

The reply to this criticism is that employers, by distinguishing a job's essential from non-essential functions and by fashioning reasonable accommodations, are engaged in tasks that are necessary for any business to remain competitive in the business climate of the 1990s; and that it would benefit any employer to perform them whether the ADA had been enacted or not.

The reason: total quality management.

Total quality management is the style of business that the Japanese have used to achieve their post-World War II economic boom. To one degree or another, many American businesses have also adopted TQM, although it is far from universal practice in American business today.

TQM is a broad subject which is difficult to state concisely. Within the quality profession, there are a number of schools of thought as to precisely what business practices produce the highest quality. TQM generally involves many statistical applications and industrial experiments but also places an emphasis on labor-management cooperation and on teamwork in the workplace. It tends to view business enterprises as integrated wholes rather than breaking them down into segmented parts.

Nevertheless, we can rigorously demonstrate and explain the precise relationship between the ADA and TQM by pointing out parallels which exist between the ADA's reasonable accommodation requirements, on the one hand, and the writings of the man who generally has been regarded as this century's foremost expert on quality, W. Edwards Deming.

Deming (1900-1994) was the man who first went to Japan after World War II and sent the Japanese on their way to economic growth.

Shortly before his death Deming published a book, "The New Economics for Industry, Government, Education." In this book, Deming attributed much of our current economic malaise to bad management and prescribed as cure good management. As we shall see, Deming's prescription corresponds to the requisites of the ADA.

First, let us consider the elements the ADA deems relevant to determining whether a given function for a job is or is not essential. According to 29 Code of Federal Regulations Section 1630.2(n) "Essential Functions:"

(1) In general. The term "essential functions" means the fundamental job

duties of the employment position the individual with a disability holds or desires.

The term "essential functions" does not include the marginal functions of the position.

(2) A job function may be considered essential for any of several reasons, including but not limited to the following:

(i)The function may be essential because the reason the position exists is to perform the function;

(ii)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or

(iii) The function may be highly specialized so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function.

(3) Evidence of whether a particular function is essential includes but is not limited to:

(i) The employer's judgment as to which functions are essential;

(ii) Written job descriptions prepared before advertising or interviewing applicants for the job;

(iii) The amount of time spent on the job performing the function;

(iv) The consequences of not requiring the incumbent to perform the function; (v) The terms of a collective bargaining agreement;

(vi) The work experience of past incumbents on the job; and/or

(vii) The current work experience of incumbents on similar jobs.

The Equal Employment Opportunity Commission, in "A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act," at page II- 18, also cites other factors. "The nature of the work operation and the employer's organizational structure may be factors in determining whether a function is essential."

In other words, in order to answer the question of whether a given job function is or is not essential, we must be able to state why that function exists, what purpose it serves.

At pages II-20 and II-21 of this manual, the EEOC also states: "To identify essential job functions under the ADA, a job analysis should focus on the purpose of the job and the importance of actual job functions in achieving that purpose. Evaluating 'importance' may include consideration of the frequency with which a function is performed, the amount of time spent on the function, and the consequences if the function is not performed. The analysis may include information on the work environment (such as unusual heat, cold, humidity, dust, toxic substances, or stress factors). The job analysis may contain information on the manner in which a job currently is performed, but should not conclude that ability to perform the job in that manner is an essential function, unless there is no other way to perform the function without causing undue hardship. A job analysis will be most helpful for purposes of the ADA if it focuses on the results or outcome of a function, not solely on the way it is performed."

Deming also believes that fundamental to the understanding of any job is its purpose. We must know why it exists: "It is important that an aim never be defined in terms of activity or methods. It must always relate directly to how life is better for everyone." (Deming, "The New Economics," p. 52.)

Both Deming and the ADA view work as a purposeful activity. Quality improvement is the continuous search for alternative, and better, means to accomplish these same purposes. According to Deming, business is a system, and "A system is a network of interdependent components that work together to try to accomplish the aim of the system. A system must have an aim. Without the aim, there is no system." (Deming, "The New Economics," pp. 50-51.)

According to Deming, the result achieved, not the method applied, is the point that really matters. "Human beings have need for mobility, not for automobiles, buses or aeroplanes. Children have need for skills in reading, not for a certain curriculum, textbooks, or teaching technique. Choice of aim is clearly a matter of clarification of values, especially on the choice between possible options." (Deming, "The New Economics," p. 52.)

Quality, according to Deming, is not the result of high tech or aggressive competition; it is the result of proper appreciation of a system (Deming, "The New Economics," pp. 22- 49). In his theory, the "whys" are all-important. The "whats" are unimportant; and we are constantly seeking new "hows." This constant seeking of "whys" and for new "hows" is also what the ADA is all about. Likewise, the ADA de-emphasizes current "whats." According to Deming's theory, the ADA's requirement that employers determine the essential functions of jobs and seek reasonable accommodations should be productive.

CONTRIBUTING EDITOR
ELIZABETH M. LENNON

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