[Colorado-talk] Legislative Memorandum 2014

[Lisa Bonderson]

MEMORANDUM

 

To:       The Members of the Colorado General Assembly

From:   The Members of the National Federation of the Blind of Colorado

Date:   February 28, 2014

Re:       Legislative Concerns of Blind Citizens 

 

GENERAL BACKGROUND

 

The National Federation of the Blind (NFB) is the oldest and largest
organization of the blind in the United States and in Colorado.  The primary
mission of the Federation is to improve the lives of the blind in all areas
of life from insuring basic civil rights to securing employment and
education for the blind.  Founded officially in 1955, the NFB of Colorado
engages in a number of programs specifically designed to create greater
opportunities for the blind.  For example, the Federation is the chief
sponsor of the Colorado Center for the Blind.  The Colorado Center provides
training in the alternative skills blind people need to become fully
participating members of society.  Additionally, NFB offers national and
statewide scholarships.  We provide a free talking newspaper called
NFB-NEWSLINER which allows the blind of our state to read the daily
newspaper just as easily as their sighted peers.  We advocate for the rights
of the blind in all areas ranging from education to employment.  Where
positive changes are happening in the blindness field, there is a good
chance that the Federation is involved.

 

2014 LEGISLATIVE AGENDA

 

First, the NFB of Colorado is requesting a small increase in funding for
NFB-NEWSLINER, one of the NFB's critical programs serving the blind of our
state.  We are requesting $60,000 as opposed to the $50,000 we have
requested and received for a number of years. Second, we wish to advise the
Assembly of our very serious concerns about the growing waiting list for
Division of Vocational Rehabilitation (DVR) services.  Next, the Federation
urges the Assembly to adopt SB 14-118 amendments to our state's civil rights
statutes to conform with the federal Americans with Disabilities Act.
Finally, we bring to the Assembly's attention two key programs we run, the
Colorado Center for the Blind and NFB scholarships, programs that may assist
your constituents.

 

For further information contact:

Scott C. LaBarre, President

National Federation of the Blind of Colorado

Phone: 303 504-5979

Fax: 303 757-3640

Email:  <mailto:slabarre at nfbco.org> slabarre at nfbco.org




EXPAND AND ENHANCE NFB NEWSLINER SERVICE TO BLIND COLORADANS

 

For more than a decade, the Colorado General Assembly has funded Colorado's
NFB- NEWSLINER, providing blind Coloradans the same daily access to
newspapers and magazines as their sighted neighbors and family members
enjoy.  This year, we request an increase of $10,000 to $60,000 in order to
expand and enhance offerings to NFB-NEWSLINER subscribers, particularly
those now using mobile apps, and to assist with growing the number of
Colorado subscribers.  Increased funding to Newsline will not impact general
funds because NFB- NEWSLINER is funded through the Disabled Telephone Users
Fund (DTUF), which comes from a very small fee on phone lines in Colorado
and which always runs a surplus.  This is the first increase we have
requested in more than five years.

 

Access to information from the newspapers and magazines of our nation and
state play a critical role for each of us as informed and participating
citizens.  Recognizing this, the National Federation of the Blind created
NFB-NEWSLINER for the blind in the mid 1990s.  With this revolutionary
system, the blind are able to pick up their touch tone phone, call a toll
free number, and select from nearly 300 different newspapers and magazines
including the Denver Post, Colorado Springs Gazette, Wall Street Journal and
many other national newspapers.  Today the phone-in option is still in
place, but additional options include online on-demand reading, e-mail
delivery and, most impressively, mobile phone and tablet apps that deliver
the two Colorado newspapers offered on the system, national papers as well
as nearly 40 magazines - everything from AARP publications to Time and
Wired.  There are even accessible and locally-relevant television listings -
something impossible to find in an accessible form for the blind otherwise.

 

As of January 2014, 1,259 blind Coloradans used this service, and half of
the newspaper and content delivery was via the online options.  A blind
Coloradan accesses NFB-NEWSLINER content every 4.2 minutes, for a total of
113,359 hits in the past 10 months.  Severe weather warnings provided
up-to-the-minute information to blind Coloradans during last September's
extreme rains and flooding.

 

With this additional funding, the NFB of Colorado will 

.         Expand Colorado publications available on NFB-NEWSLINER, focusing
on the growing importance of on-demand and mobile expectations.

.         Explore opportunities for collaboration and cross-platform sharing
with Audio Information Network of Colorado (AIN) which is also funded by the
DTUF.

.         Seek to increase the number of subscribers, particularly in
less-populated regions of the state.  The Assembly should also know that NFB
Colorado fully supports the continuing DTUF allocation to AIN because that
service offers content not otherwise available on Newsline or other sources.


 

For further information contact:

Scott C. LaBarre, President

National Federation of the Blind of Colorado

Phone: 303 504-5979

Fax: 303 757-3640

Email: slabarre at nfbco.org




ELIMINATE DVR'S WAITING LIST

 

The Colorado Division of Vocational Rehabilitation (DVR) under the Colorado
Department of Human Services (DHS),  aids and assists people with
disabilities in procuring skills training, post secondary education,
transition services other employment related opportunities, and ultimately
competitive employment.  DVR receives approximately eighty percent of its
funding from the federal government based on a formula which includes
approximately a twenty percent state match.  If the State does not provide
the full amount of match, DVR cannot secure the maximum amount of federal
funding.   Since April of Last year, DVR has been on an "order of
selection."  This means that it has not been accepting new clients and,
therefore, not providing the core services which it is mandated to perform.
Currently DVR has an active caseload of approximately 7,500 individuals
while over 6,100 individuals are on a waiting list.  More persons with
disabilities are waiting for rehabilitation services in Colorado than any
other state in

the union. 

 

The Federation believes that past mismanagement of the agency is largely the
cause for the historically high numbers on the waiting list.  Last year's
legislative audit confirmed these very disturbing past practices of the
Division.  However, the plan identified to resolve these past issues seemed
largely reasonable and achievable during the prescribed time periods.  We
applaud DHS's Executive Director, Reggie Bicha, and his team including Vicki
Manley, Director, Office of Community Access and Independence and the new
Director of DVR, Joelle Brouner, for navigating DVR through the difficult
audit period and setting a new course for the agency.       

 

One of our major concerns is that the audit findings are being used to hold
DVR back and prevent it from fulfilling its core purpose.  As stated above,
over 6,100 individuals are on a waiting list due to DVR's order of selection
and are not being served.  We receive many calls each week regarding blind
individuals who are in desperate need of vocational rehabilitation services
and are being forced to struggle needlessly.

 

We have received word that as of February 24th, DVR will be taking 500
individuals off the waiting list.  The NFB of Colorado will be meeting with
Director Bicha and senior management at DHS very soon to discuss ways DVR
can eliminate the remainder of its staggering waiting list as expeditiously
as possible.  We will keep the General Assembly informed as to the progress
made and the need for possible Assembly intervention in some manner
including potential supplemental appropriations to capture all federal
dollars to serve those in desperate need.  

 

For further information contact:

Scott C. LaBarre, President

National Federation of the Blind of Colorado

Phone: 303 504-5979

Fax: 303 757-3640

Email:  <mailto:slabarre at nfbco.org> slabarre at nfbco.org




UPDATE COLORADO CIVIL RIGHTS STATUTES TO

PROTECT THE BLIND AND OTHERS

 

The Colorado Anti-Discrimination Act (CADA and other statutes) provide
partial protection to individuals with disabilities, including the blind of
Colorado, but CADA has yet to be updated to conform with federal laws like
the Americans with Disabilities Act.  To create this conformity and thereby
protect the state's blind more effectively, we urge the Assembly to adopt SB
14-118.

 

What does SB 14-118 do?

 

1)      Makes definitions consistent with those in the American's with
Disabilities Act.

 

2)      Increases the damages payable to a person with a disability injured
by discrimination.  Currently the penalty is $50-$500 per incident and this
has not served as a deterrent.  The new penalties will be actual damages or
$4,000 whichever is greater.  A minimum penalty of $4,000 will be imposed
for each violation, or a court would have to order these damages and the
damage has to be consistent with the nature of the injury.  This change is
consistent with other state laws that require a statutory minimum penalty
and will deter potential offenders.  It also eliminates the problem of
determining what actions constitute a $50 versus a $500 penalty.

 

3)      Allows collection of attorney fees for the prevailing party; if
someone sues and wins the other side has to pay the attorney fees.  This is
consistent with all federal civil rights statutes.

 

4)      Adds retaliation provisions making it unlawful to take adverse
action on someone who opposes discriminatory practices.  Fear of retaliation
prevents many individuals with disabilities from filing complaints.

 

5)      Provides actual restitution and triple damages against anyone who
harms an assistance animal like a guide dog for the blind.  Assistance
animals can be very expensive due to training and other costs. This
provision allow an individual whose service animal is harmed to recover
these costs as well as damages for the trauma of being without a needed
assistance animal.

 

6)      Creates consistency with federal anti-discrimination laws by adding
a section to the statute that includes state agencies which are not
currently covered by state law.

 

For further information contact:

Scott C. LaBarre, President

National Federation of the Blind of Colorado

Phone: 303 504-5979

Fax: 303 757-3640

Email: slabarre at nfbco.org




COLORADO CENTER FOR THE BLIND AND OTHER NFB PROGRAMS

 

In your packets, you will find brochures on the Colorado Center for the
Blind and National Federation of the Blind scholarships.  These and other
programs are of great importance and therefore deserve a specific mention.  

 

Founded in 1988 by the NFB of Colorado, the Colorado Center for the Blind
(CCB) offers world class rehabilitation and adjustment to blindness training
to blind/visually impaired individuals in our state and from all over the
world.  The CCB believes that with the right kind of training and a positive
attitude, blindness need not be a tragedy and should not artificially limit
a person's hopes and dreams.  The program serves all ages from kids as young
as elementary age to seniors.  CCB teaches cane travel/orientation and
mobility, Braille, technology, independent daily living, employment skills,
and much, much more.  The vast majority of the teaching staff is made up of
blind instructors who serve as excellent role models.  Please read the CCB
brochure in your packet for more information or go to www.cocenter.org
<http://www.cocenter.org/> .  Our Center is located in Littleton and you are
always welcome and encouraged to visit.

  

SCHOLARSHIPS

 

The National Federation of the Blind, on a national basis, offers thirty
scholarships to talented blind men and women attending a post secondary
institution.  Over a hundred thousand dollars are awarded each year and
provide real opportunity for deserving students.  On a state level, the NFB
of Colorado offers up to five scholarships to blind men and women attending
a post secondary institution and scholarships range from $1,500.00 to
$5,000.00.  More information on how to apply is contained in your
legislative packet.  Please inform your local high schools, colleges and
universities as well as any blind/visually impaired post secondary student
you know about these valuable scholarship opportunities.

 

For further information on any of these issues contact:

Scott C. LaBarre, President

National Federation of the Blind of Colorado

Phone: 303 504-5979

Fax: 303 757-3640

Email: slabarre at nfbco.org