The Great Lakes ADA and Accessible IT Center has completed the update of its Spanish language web site. It is with this web site that the Great Lakes ADA Center aspires to continue to further reach out and serve our diverse community, particularly the Spanish speaking population within our region, as well as the whole country. For more detailed information see the GreatLakes in Depth section.

On-line registration and registration packets for the National ADA Symposium and EXPO May 17^th-19^th, Overland Park Convention Center, Overland Park, Kansas are now available. The symposium is the most comprehensive training event available on the Americans with Disabilities Act and related disability issues including accessible information technology. This three-day event is highly recommended for:

• ADA Coordinators
• City and County Government Officials
• Educators
• Human Resource Professionals
• Service Providers
• Architects
• Lawyers
• Building Code Officials
• People with Disabilities and Family Members
• Advocates

This year's keynote speaker is Randy Snow, Para-Olympic medalist and recent inductee into the Olympic Hall of Fame. The National ADA Symposium and EXPO will also feature an Exposition Hall filled with the latest disability-related products and services. The National ADA Symposium is sponsored by the Network of ADA & Information Technology Centers, a project of the National Institute on Disability and Rehabilitation Research (NIDRR). The Network of ADA & Information Technology Centers was established in 1992 by the U.S. Dept. of Education to provide training and information on the Americans with Disabilities Act.

The U.S. Department of Justice (DOJ) has extended the period of public comment on the revision of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) until May 31, 2005. The Department of Justice published an Advanced Notice of Public Rule Making (ANPRM) on September 30, 2004, in order to begin the process of adopting the revised guidelines that were published by the U.S. Access Board on July 23, 2004. Following publication of the ANPRM, the DOJ received requests from a variety of interested parties to extend the deadline for public comment, citing the complexity of the data requests, the need to distribute surveys, the overlap of the comment period with the holiday season, and the need for additional time in order to provide an informed response to the DOJ's questions. The revised guidelines will have no legal effect on the public until they are adopted by the DOJ as enforceable standards. Comments on the ANPRM may be submitted online or by mail, at P.O. Box 1032, Merrifield, VA 22116-1032.

John H. Hager, Assistant Secretary of the Office of Special Education and Rehabilitative Services (OSERS), U.S. Department of Education announced a public commentary period to solicit comments and recommendations from the public prior to developing and publishing proposed regulations under 34 CFR parts 300 and 303 to implement programs under the recently amended Individuals with Disabilities Education Act (IDEA). Comments and recommendations about the reauthorized legislation should be received on or before February 28, 2005. All comments and recommendations should be mailed to: Office of Special Education and Rehabilitative Services, U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center Plaza, room 5126, Washington, DC 20202-2641. Comments may also be submitted by email: comments@ed.gov or online.

The Secretary also announced plans to hold informal public meetings to seek further input about regulations to implement IDEA.

A public meeting will be held Thursday, February 3, 2005, from 3:30 PM to
5:30 PM and from 6:30 PM to 8:30 PM at the Ohio State University in
Columbus, Ohio. The address for this meeting is:

    Ohio State University
    School of Education
    384 Arps Hall
    1945 North High Street
    Columbus, OH 43210

A public meeting will be held Monday, February 7, 2005, from 10:00 AM to
2:00 PM and from 6:30 PM to 8:30 PM at the Sheraton Boston Hotel in Boston,
Massachusetts.** The address for this meeting is:

    Sheraton Boston Hotel
    Prudential Center
    39 Dalton Street
    Boston, MA 02199

**Please note that the times for the Boston public meeting on Monday,
February 7, 2005, were initially reported inaccurately in the Federal
Register. The correct times for this meeting have been provided above, and
at:
http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-1649.htm.

A public meeting will be held Friday, February 11, 2005, from 1:00 PM to
5:30 PM and from 6:30 PM to 8:30 PM at the Lindbergh Schweitzer Elementary
School in San Diego, California. The address for this meeting is:

    San Diego City Schools
    Lindbergh Schweitzer Elementary School
    Schweitzer Campus
    6911 Balboa Avenue
    San Diego, CA 92111

A public meeting will be held Tuesday, February 15, 2005, from 3:30 PM to
5:30 PM and from 6:30 PM to 8:30 PM at Frederick Douglass High School in
Atlanta, Georgia.  The address for this meeting is:

    Atlanta Public Schools
    Frederick Douglass High School
    225 Hamilton E. Holmes Drive, N.W.
    Atlanta, GA 30318

A public meeting will be held Friday, February 18, 2005, from 3:30 PM to
5:30 PM and from 6:30 PM to 8:30 PM at the University of Wyoming.  The
address for this meeting is:

    University of Wyoming at Laramie
    Wyoming Union
    2nd Floor
    Laramie, WY 82071

A public meeting will be held Thursday, February 24, 2005, from 1:00 PM to
5:00 PM and from 6:00 PM to 8:00 PM at the Academy for Educational
Development.  The address for this meeting is:

    Academy for Educational Development
    Academy Hall
    1825 Connecticut Avenue, N.W.
    Washington, D.C. 20009

Individuals can register to comment at the door on a first-come first-served
basis.

Registered individuals will have two to five minutes to comment, depending
upon the number of individuals registered. Our intent is to ensure that all
who wish to provide public comment have the opportunity to do so.

Individuals can provide oral and written comments at the meetings; written
comments that accompany oral remarks are optional.

Written comments or suggestions can also be submitted electronically to
comments@ed.gov or mailed to Office of Special Education and Rehabilitative
Services, U.S. Department of Education, 400 Maryland Avenue, S.W., Potomac
Center Plaza, Room 5126, Washington, D.C., 20202-2641 by February 28, 2005.

Questions can be directed to OSERS' main number, 202-245-7468, or, if a
telecommunications device for the deaf (TDD) is needed, individuals may call
the Federal Information Relay Service (FIRS) at 1-800-877-8339.

There will be a second series of meetings in the spring and summer of 2005
to provide the public an opportunity to comment on proposed regulations
developed to implement the Individuals with Disabilities Education
Improvement Act (IDEA).  Exact cities and locations will be announced as
that information becomes available.

The U.S. Department of Transportation is sponsoring The Summer Transportation Internship Program for Diverse Groups June 6 - August 12, 2005. The purpose of this program is to promote the entry of women, persons with disabilities, and members of diverse groups into transportation careers where these groups are underrepresented. The 10-week paid internship will include projects on transportation research, and field trips that will highlight different career aspects in the field of transportation. Applications must be received on or before February 28, 2005.

Health and Human Services, Secretary Tommy G. Thompson awarded grants to Kansas, Louisiana and Minnesota under The Demonstration to Maintain Independence and Employment program created by the Ticket to Work and Work Incentives Improvement Act of 1999. Minnesota will receive an initial outlay of $5 million and is eligible to receive up to $42.3 million over that time if it maintains a program approved by CMS. The program will allow the Centers for Medicare & Medicaid Services (CMS) to determine whether particular services and supports can assist individuals in maintaining their employment and self-sufficiency, and decrease reliance on cash and other benefits. It supports individuals at risk of becoming disabled and their employers, who benefit from improved worker retention. Minnesota will focus on services and supports to working individuals with disabling conditions, such as serious mental illness. Participants will be given a full Medicaid-like benefit package that could be used to supplement any benefit plan the person may have through an employer. Many health insurance plans have limits on certain kinds of treatment and services especially for mental health care and this program would supplement those caps. Persons in the program will not have to meet the state's Medicaid eligibility rules because the program is simply modeled on that benefit plan, but is not actually part of Medicaid.

John Wodatch, Chief, Disability Rights Section, U.S. Department of Justice

Back by popular demand! Join us for an open discussion with a representative from the U.S. Department of Justice. We invite you to bring your tough questions regarding a specific aspect of Title II or Title III of the ADA or any of the enforcement activities they have undertaken over the past several months. John will provide a brief update on DOJ's ADA related activities prior to the Q&A session.

Technology has become an influential force for community development. The Great Lakes ADA and Accessible IT Center is aware of the tremendous impact the Internet has on society today. The Center is delighted to announce an improved Spanish version of the Great Lakes web site to better serve the diverse audience in the Midwest Region.

The web site offers a variety of resources regarding the Americans with Disabilities Act. The upgraded web site will provide individuals and entities with information about updates and changes to the ADA and other disability laws, policies, new publications, articles, initiatives, links, training and upcoming events related to disability issues. For additional information regarding the Spanish services offered by the Great Lakes Center contact Anel Gonzalez, Bi-Lingual Technical Assistance Specialist, at (800) 949-4232 (V/TTY) or via our online contact form.

The nonprofit Consortium for School Networking (CoSN) has launched a three-year initiative called "Accessible Technologies for All Students". The purpose of this project is to demonstrate how greater collaboration and increased communication between school technology leaders and special-education departments will benefit all students including those with disabilities. The project features a web site containing a repository of best practices that highlight how successful school districts have sought to integrate the work of IT staff and mainstream educators with special-education departments and an educator's toolkit that includes slide shows, checklists, and suggestions for improving the widespread access of technology for all students.

On December 3, 2004, President George W. Bush signed Public Law 108-446, 118 Stat. 2647, the Individual with Disabilities Education Improvement Act of 2004, amending the Individuals with Disabilities Education Act (IDEA). This bill, which reauthorizes IDEA will:

• Improve accountability and results for students with disabilities;
• Improve services to students with disabilities;
• Reduce procedural and paperwork requirements;
• Encourage cooperation with parents in the special education process;
• Ensure less adversarial methods are used to resolve disputes between parents and school district;
• Focus federal and State monitoring, technical assistance and enforcement on meeting performance goals and indicators to improve the outcomes for students with disabilities;
• Establish a seven-year course to fully fund IDEA and increase the State's discretionary dollars;
• Provide flexibility in the use of IDEA funds by school districts to support improved achievement of students with disabilities;
• Provide federal grants and national activities to support State and local efforts to improve results;

The National Council on Disability (NCD) has released a report, National Disability Policy: A Progress Report. The annual report reviews federal policy impacting disability related issues from December 2002 through December 2003. Some of the areas addressed in the report are housing, long-term care, healthcare, telecommunications, and transportation. Based upon its findings the report details recommendations that NCD will make to the executive and legislative branches of the Federal Government.

On February 28, the U.S. Supreme Court will hear oral arguments in Spector v. Norwegian Cruise Line. This is a case concerning the application of the ADA to foreign cruise vessels sailing in U.S. waters. The Supreme Court will consider whether foreign cruise lines sailing in U.S. waters must comply with the ADA requiring better access to passengers in wheelchairs. This case is an appeal from the 5^th U.S. Circuit Court of Appeals based in New Orleans, which ruled in January that foreign-flag cruise ships are not covered by the ADA. Both the cruise lines and disability groups then urged the Supreme Court to take the case, noting a conflict with an 11^th U.S. Circuit Court of Appeals decision in 2000 saying foreign ships must comply with the ADA. In that lawsuit, a Florida resident said she had to pay additional fees for an accessible room. After the 11th Circuit decision, several cruise lines settled lawsuits claiming ADA violations, and a federal judge in Miami ordered a Casino Princesa Ship in 2001 to make restrooms more accessible.

The U.S. 7^th Circuit Court of Appeals reversed a lower court ruling in favor of the Internal Revenue Service (IRS) that denied an IRS employee a position as a criminal investigator on the grounds that the applicant could not perform the essential functions of the job. Gary Branham an IRS employee who has Type 1 diabetes was denied a position as a criminal investigator for the IRS because he was deemed a threat to himself and others by a medical review board. T he review board determined his Type 1 diabetes precluded him from doing the essential functions of the job due to the demands and requirements of a criminal investigator to work long and irregular hours under an elevated level of stress. Branham is insulin depended and must monitor his blood sugar 4 to 5 times a day. Branham controls his blood sugar levels through the use of insulin and modifying his diet. He has never had any serious health issues related to his diabetes and was admitted into the program pending the conclusion of his medial examination. He was denied the position and sued under the Section 504 of the Rehabilitation Act. The 7th Circuit ruled that Mr. Branham raised material questions on whether he could perform the essential functions of the job despite being diabetic and reversed and remanded to the lower court for rehearing.

ADA Indiana is offering a 2005 calendar depicting young people's artwork of accessible communities. The calendar is part of ADA Indiana's commemoration of the 15th Anniversary of the signing of the Americans with Disabilities Act. Proceeds from the sale of the calendar will be used for Indiana's 15th Anniversary ADA Celebration in July 2005, as well as to fund other ADA-related activities.

ADA-OHIO is sponsoring a seminar entitled, "Demystifying the Interplay of the ADA with FMLA and Workers' Compensation," on April 11, 2005, at The Blackwell on the campus of The Ohio State University in Columbus, OH. The seminar is a pre-conference option in association with the Multiple Perspectives Conference on April 12^th-13^th

ADA-OHIO will be sponsoring a series of sessions covering all five titles of the ADA at Solidarity 2005. The conference will be held May 11-13, at the Hyatt Regency Hotel and Convention Center in Columbus, Ohio. For more information, contact The Meeting Connection at lokendtmc@cs.com or call 614-888-2568 (V).

The Great Lakes ADA Center is pleased to announce that RFW, Inc. (Rehabilitation For Wisconsin) has assumed the duties of fiscal agent for the ADA Wisconsin Partnership. RFW has a long history of supporting and promoting training and technical assistance activities on a variety of issues related to disability across the state of Wisconsin. The Great Lakes ADA Center welcomes RFW under the leadership of Mike Kirby, Executive Director and Tammy Liddicoat, ADA Wisconsin Partnership Liaison. Look for more information in upcoming issues regarding activities that ADA Wisconsin Partnership will be engaged in during 2005.

Question: I own a small bookstore and I have noticed more and more individuals bringing their dogs into my business with them. When I tell them that pets are not allowed they tell me that it is a service animal and the Americans with Disabilities Act requires that I allow the animal into the business. What rights do I have as a business owner? Do I have to allow the animal into my store? Can I ask what their disability is?

Answer: Under the ADA, businesses and organizations that serve the public must allow people with disabilities to bring their service animals into all areas of the facility where customers are normally allowed to go. This federal law applies to all businesses open to the public, including restaurants, hotels, taxis and shuttles, grocery and departmental stores, hospitals and medical offices, theaters, health clubs, parks, and zoos.

The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a State or local government. Service animals are trained to perform tasks for people with disabilities such as guiding people who are blind, protecting a person who is having a seizure, or performing other special tasks.

Service animals are working animals, not pets. An owner or operator of a place of public accommodation should keep in mind the following when dealing with someone who has identified their animal as a service animal:

• Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person's disability.
• People with disabilities who use service animals cannot be charged extra fees, isolated from other patrons, or treated less favorably than other patrons. However, if a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may be charged for damage caused by his or her service animal.
• A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the animal is out of control and the animal's owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal poses a direct threat to the health or safety of others.
• In these cases, the business should give the person with the disability the option to obtain goods and services without having the animal on the premises.
• Businesses that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.
• A business is not required to provide care or food for a service animal or provide a special location for it to relieve itself.
• Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals.

The Great Lakes ADA Center disseminates publications related to all aspects of the ADA to inform and raise awareness of disability issues and to foster voluntary compliance with the ADA. The Great Lakes ADA Center disseminates materials including posters, regulations and technical bulletins on various ADA topics.