[blindlaw] Section 504 of the Rehabilitation Act

[randolphc@kbti.org Cabral]

Dear Members:

I have been a member of this mailing list for nearly a year now.  From the many discussions I have read I have gained considerable insights and a greater appreciation for the amount of thought and dedication that goes into the practice of law.  I had entered college to become an attorney many years ago, along with my older brother.  My brother began in his short-lived legal career in civil rights law, but soon after entered tax law.  I was contemplating criminal law.  He succeeded where I dropped out.  However, though I dropped out, I wanted to be involved is something that would make a difference in the lives of others.

When my dad became blind I gave up a career as a bridge and highway engineer, and began learning Braille.  Following several years of volunteer work as a Braille transcriber and proofreader I founded the Kansas Braille Transcription Institute, KBTI.  Since 1998 I have been fighting tooth and nail to get our communities to realize the importance of the instruction and inclusion of Braille.

I greatly regret that I did not continue to pursue a law degree, as I have lost every battle in which I have been engaged, to persuade the schools and libraries to make Braille more accessible to our students who are blind, as well as our adult population of Braille readers.  Their prevailing argument over the past several years has been, "blind people do not use Braille anymore".

In last week's news, our state's governor indicated plans to close or greatly reduce state funding to the Kansas State School for the Blind.  In the opinion of some of our state's law makers, if only one in ten of our states' blind students are using Braille or are Braille literate, then perhaps these students would fare better in public schools.

I am a firm believer that Braille is vital to the education of a person who is blind or a Braille reader, as it allows for another means of access to information.  In speaking with a neurologist some time ago, he informed me that there are parts of a sighted child's brain that develops through reading and writing, and he believed that this would be the same for a blind child who is taught to read and write using Braille.

I am convinced there are legal avenues that could be pursued that might not only serve to thwart any attempts to close the school, but, also to enforce the rights of persons who are blind when it comes to equal access to information in a Braille format, if that should be their desired preference.  One thing however that confuses me on this subject is that I was informed that each state, city, and government agency, or public facility that relies of some degree of federal money has to provide such equal access to information.

However, if it is a matter of accommodations and Braille is one means of providing that accommodation, would that not mean that even if a blind person was satisfied with a public library for instance having a computer set up with print to speech capability from which he could access information that is normally handed out in print to sighted patrons, that a certain number of copies should still be available in Braille for patrons who are blind Braille uses, may prefer Braille, or may not know how to use adaptive technologies?  If this is so, would this not also apply to city and government agencies?  Our unemployment agencies, city and county ADA Coordinators and several health facilities provide an array of their literature in Spanish, Asian dialects, and even French, but, nothing in Braille.  This is equally true of our many pharmacies, hospitals, and banks.  Each of which receives a certain amount of federal money.

I have a fair understanding of Section 504 of the Rehabilitation Act regarding access to information, but, I am not sure of the best way to pursue getting these agencies to comply and provide Braille or even adaptive technologies to our blind communities.  Our six libraries provide neither.  Our colleges do not typically provide Braille nor do they have trained personnel to assist with Braille or adaptive technologies.  Our K-12 offers very little Braille, and next to nothing in the way of assistance with assistive technologies.  My repeated approaches, presentations, and citing federal mandates have been wholly ineffective.

Perhaps if I had some federal case law or additional references or even information on who I might contact, I could prove more effective the next time I give these agencies a run. I was able to speak with an attorney who suggested that he might consider bringing some kind of legal action, but, he is not real savvy about ADA law or the rights of the blind, but, if I could provide him with some information he would review it and make a determination.

I suppose I have gone the long way around asking for any help anyone of you may be able or prepared to provide to me.  It was due to a lack of resources for my dad and our blind community that led me to found the Kansas Braille Transcription Institute nearly 10 years ago.  It was about 4 years ago that I created the American Braille Flag.  Though I believe our Institute provides a meaningful service to many persons who are blind, the vast majority of them reside outside of Kansas.  I am convinced there has to be a way to get Kansas on board, even if it means through litigation, or the threat of litigation.

To each of you who has read this in its entirety I sincerely thank you for your patience and consideration in doing so, and even more for your helpful suggestions, and information. 
Respectfully,

Randolph Cabral, President/Founder
Kansas Braille Transcription Institute
2903 East Central
Wichita, Kansas 67214
316-265-9692
www.kbti.org
randolphc at kbti.org