Disability Policy in 2009: The Year in Review

Like every other year, 2009 had its ups and downs in terms of disability rights and policy. The Obama administration made some important steps in some areas, while much remains to be done on several important agenda items. Not surprisingly, the actions of the Obama administration play a prominent role in this list of 2009's top news items for disability issues.

UN Convention -- At the direction of President Obama, Susan Rice, U.S. ambassador to to United Nations, signed the UN Convention on the Rights of Persons with Disabilities. While largely symbolic, this was an important international gesture to express the nation's commitment to advancing the rights of people with disabilities.

A High-Level Advocate in White House -- President Obama wasted no time demonstrating his support for people with disabilities when he named Kareem Dale the first White House special assistant for disability policy. By all accounts, Dale has done an admirable job keeping disability issues front and center for the administration. Read an interview with Dale.

Olympics, Paralympics, Special Olympics -- The president suffered a major setback when his strong support failed to help Chicago win the bid for the 2012 Olympics. Surprisingly, Rio was selected over Chicago. Chicago had a very strong proposal for the Paralympics, and hopefully the spotlight of the Olympics will help protect and advance opportunities for people with disabilities internationally. In other Olympic news, the president got in trouble for making a "joke" about the Special Olympics -- which, looking back, probably heightened his sensitivity and helped elevate disabilities as a priority for his administration.

Are Students with Disabilities Being Left Behind? -- The appointment of Arne Duncan as secretary of education hardly caused protests by disability advocates, but few applauded the news. Recognizing that Duncan was not known for his support for special ed in Chicago, most people reserved judgment, not knowing where special ed would fit in with his federal priorities. And in many ways, we're still waiting. Duncan has not said much on the topic, but he gets points for appointing Alexa Posny as assistant secretary of special education and rehabilitative services. If he consults with her on major issues affecting students with disabilities, it's possible we'll see evidence that he cares about more than test scores and graduation rates. Lawyer and blogger Jennifer Laviano called Duncan's performance the lowlight of the year for special education.

Supreme Courts Backs Reimbursement for Private Special Ed -- In June, the Supreme Court said federal law authorizes reimbursement for tuition to private schools even if a child has never received special ed services in a public school. The decision in Forest Grove School District v. T.A. said that under the Individuals With Disabilities Education Act, if a school district fails to identify a child with a disability, the district is still financially responsible for ensuring that the student receives appropriate services.

Disability.gov -- The Obama administration has made tremendous progress in leveraging technology to improve communication and transparency throughout the government. The use of blogs, Flickr, Twitter, video, and lots of interactivity on the White House website has raised the standard for all future administrations. One of the best things the government has done is launch disability.gov, which consolidates resources from 22 federal agencies in a user-friendly format. example , Read my Q&A with Kevin Connors, who helped build the site.

Autism -- The CDC released data showing that autism affects one in 110 people and one in 70 boys, and national and state officials took steps to address the needs of affected families. This year 17 states introduced legislation to require insurance companies to cover autism diagnosis and treatment. According to Autism Votes, 15 states have passed autism insurance laws, six are considering bills, and another seven (and DC) have pending bills. The administration released the first-ever strategic plan for government-funded autism research and added $1 billion to its budget for autism over the next eight years. Kathleen Sebelius, secretary of the U.S. Health and Human Services has called autism "an urgent public health challenge" and compared it to the challenge of polio in the 1950s and HIV/AIDS in the 1980s.

What other highlights and lowlights would you include? How would you rate the administration in these areas after a year?

How Compliant are Govt Websites?

I reported earlier about the federal government's agencies to improve access to citizens with disabilities, especially disability.gov, which I find a tremendous resource for anyone looking for information about government services and resources. But a recent article in Fierce Government IT claims there are "ongoing, widespread accessibility glitches at federal websites such as WhiteHouse.gov, Data.gov and even Disability.gov." In fact, the National Federation of the Blind has filed administrative complaints about inaccessible websites against the Social Security Administration, Small Business Administration, and the Department of Education.

The White House has at least one leader with firsthand experience in assistive technology. Speaking at a recent conference with the National Center for Technology Innovation, Kareem Dale, special assistant to the president on disability policy, who is sight-impaired, said, "Technology, for me, is very personal.'' He said the administration is working hard to build a foundation for technology and education to improve lives for those with disabilities. He said $12.1 billion in federal stimulus funds will support the Individuals with Disabilities Education Act (IDEA). ''People with disabilities in the education arena are not going to be forgotten even when times are tough,'' he said.

There's no question this administration is doing more in this area than any previous administration -- and these gains will benefit people for years to come -- but there are clearly more improvements to be made. I hope Dale continues in his role throughout President Obama's term(s).

Making Museums More Welcoming to Blind Visitors

A Newsweek article titled "Blind Spot" says museums are finding new ways to improve the arts experience for people with visual impairments.

The Americans With Disabilities Act of 1990 requires museums to make their facilities "accessible" to everyone, but ramps and Braille museum guides only go so far for people who are blind. A 2008 Department of Justice ruling has museums trying to determine what "accessibility" really means -- or should mean -- when it comes to the arts. Nina Levent, executive director of New York's Art Education for the Blind, said "'Accessibility' is not very descriptive. The issue is, do people come to museums to ride elevators and use bathrooms, or do they come to have a meaningful social and aesthetic experience?"

In previous posts, I've expressed disappointment that Kareem Dale, the first special assistant to the president for disabilities, was asked to split his time between disability issues and the arts. But this is an example of where his two roles fit together perfectly, especially because he is visually impaired himself. The article talks about his active role with museum administrators to find new ways to open the arts to all patrons. "We are working on all fronts to try to realize the promise of the ADA," he said on a conference call. "It was a bill of rights for people with disabilities, but the original intent has been lost over the last two decades. We will restore the ADA to its original intent, and the Department of Justice has been turned loose to go after people who are violating civil-rights laws. We have a lot of work to do."

Dale is also supporting a website called Project Access that will describe the accessibility of every cultural institution, stadium, theater, national park, and public venue in the country. Paula Terry, of the Office of AccessAbility at the National Endowment for the Arts, said, "This is the first time the White House has taken this very aggressive stance. I'm not sure what to expect, but I welcome it."

Waitlist-Gate Likely a Non-Issue for White House Disability Chief

The White House's top disability advocate was back in the news yesterday -- but for the wrong reasons. The Chicago Tribune reported that Kareem Dale, special assistant to the president for disability policy, used his White House email account to recommend a student for admission to the University of Illinois law school, his alma mater. The school's dean testified that the school no longer uses "clout lists" and that Dale's email from April was ignored.

Is this a big deal or a small deal? I say pretty minor, and unlikely to affect Dale's ability to be an effective advocate for people with disabilities. In his email, he stressed that he was writing in a personal capacity -- so while he used poor judgment, there's no evidence he was intentionally implying his endorsement reflected the views of the President or anyone else at the White House.

When I worked at the White House during the first years of the Clinton Administration, several junior staff were reprimanded for receiving -- not sending -- faxes with NCAA brackets during March Madness. It was considered a form of gambling and an ethical violation to give someone the fax number and ask to receive the document. Sending a completed bracket, I'm sure, would have been considered worse.

More relevant, there was a strong policy against using your White House badge to gain any sort of favor. If a local bar or restaurant advertised "half price drinks/food for White House staff," it would be an ethical violation to accept. In fact, you were encouraged to put your badge in your pocket while you were outside the building. So when you work there, you have to recognize that you are always representing the White House and the President -- and increasingly, you are under a microscope from people who want to catch you doing something wrong.

My guess? From now on, Kareem Dale's media exposure will be related to his dual roles as an advocate for disabilities and the arts. And you've heard the end of waitlist-gate.

Are Disability Priorities Taking a Backseat to the Arts?

If you read this blog for updates on disability issues, you may not care about this article about the Foundation for Arts and in Embassies, from Foreign Policy Journal. So why am I even mentioning it? Because I found it through my Google Alert for "Kareem Dale," Special Assistant to the President for Disability Policy. But most of the time, my Google results relate to Dale's other role -- that of Special Assistant to the President for the Arts and Culture.

In February, I celebrated Dale's appointment as the highest ranking disability adviser in White House history. In March, I linked to this interview with Dale on a range of disability issues.

But also in March, I reported that the president had added a pretty big task to Dale's plate -- overseeing arts and culture. In that post, I wrote, "The question about Dale's most recent role is whether it will distract him from his duties in disability policy or enhance those duties. For example, what is the role of arts and culture for people with disabilities? What effect can art and music therapy play in education for people with special needs?...Is the White House asking Dale to take on too much, or will the two roles complement each other?"

In response to those questions, reader William Pearce commented: "Dale cannot do both jobs well. This is typical for administrations that do not care about disability issues. I see this dual job role all the time in academics and disability issues are never a priority. This is a bitter disappointment."

I'm not saying Dale is not doing a good job as an advocate for people with disabilities. But his public profile -- shaped by his appearances, interviews, and media coverage -- is dominated by the arts, not disability policy. So much so that an opinion piece in the Milwaukee Journal-Sentinel, Johanna Mattern Allen misinterpreted his second appointment as replacing his first. Recommending that the president appoint a cabinet-level position on disability, Allen wrote, "There currently isn't even a policy adviser for disability since Kareem Dale moved to an arts leadership position."

The arts are important to our culture and values, and having a special assistant in that area makes sense. But especially with health reform high on the administration's agenda, it's a slight to the 50 million Americans with disabilities to make their top government advocate split his time with another issue.

White House Interview on Disabilities: Exclusive

Disability Scoop has a scoop -- exclusive interview with Kareem Dale, the White House special assistant on disability policy. In this must-read interview, Dale addresses many key issues, including IDEA, waiting lists, employment, and even President Obama's recent remark about Special Olympics. He says his top priorities are involving more people with disabilities throughout the administration and making sure disability issues are front and center in the president’s overall agenda for the whole country -- from health care to education to employment.

Considering President Obama has been in office for a mere two months -- and he's dealing with an economic crisis -- I like Dale's final thoughts:

"I think in the disability community — from being a person with a disability and from working on the campaign and the transition — I think there is a tendency for people to believe that the glass is half empty and believe that the president or whatever government official is not going to do what they said they were going to do. I think in the first couple of months we’ve seen the president’s commitment to work hard on disability issues.

"It’s always hard to accomplish every single solitary thing by the letter that you say you’re going to accomplish. But I think in the first two months we’ve accomplished an extraordinary amount and we’re continuing to work hard. So I would just encourage the disability community, as hard as it is sometimes, to be patient with us and recognize the great accomplishments of the first two months and just look forward to other things to come down the road."

Special Assistant for Disability Policy...and Arts?

When Kareem Dale's name showed up in my Google Alerts today, I expected to have a disability update for you, since Dale was recently named the president's special assistant for disability policy. But no, the article from the New York Times was about a new role for Dale -- in a new White House position overseeing arts and culture.

I don't know about you, but in my office, lots of people are taking on multiple roles as budgets tighten and staff departures often create vacancies that can't be filled. The question about Dale's most recent role is whether it will distract him from his duties in disability policy or enhance those duties. For example, what is the role of arts and culture for people with disabilities? What effect can art and music therapy play in education for people with special needs?

Yesterday I met with an organization called Rock Against Cancer, which creates music therapy and other music programs for people with cancer. Their challenge is to communicate the mission as an integral part of treatment, and not just a nice add-on. Especially in this economy, "nice to have" items may be the first things to be cut, and the last to be funded. I've also seen the power of arts and music programs in special education.

What do you think? Is the White House asking Dale to take on too much, or will the two roles complement each other?

More on Biden at Special Olympics Games

In Boise, Idaho, for the Special Olympics Winter Games, Vice President Joe Biden brought introduced Kareem Dale as the special assistant to the president for disability policy. Dale, as you'll recall, was the point person on disabilities for the Obama-Biden campaign. "He is going to have absolutely direct access to the president," Biden said. "There's a lot of barriers. We've broken down barriers before. We're going to break down more barriers....This is a civil rights movement. This is a movement to make sure that we guarantee that all peoples in the world have the opportunity to succeed to the degree they are capable."

Dale said, "I'm just humbled and honored for the faith the president and vice president have shown in me and I look forward to working with them." View Dale's campaign commentary here. For people who care about the rights of people with disabilities, he's a good person to have on our side.