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<blockquote type=cite class=cite cite=""><br>
TO: Members of the 2019
Minnesota Legislature<br>
FROM: The National Federation of the Blind of Minnesota (NFBM)<br>
RE: Legislative Agenda
for the 2019 Session<br>
DATE: January 16, 2019<br>
<br>
Legislative Priorities for the 2019 Session:<br>
<br>
1. Protect the right of blind persons to parent children by strengthening
legislation on custody and support of children<br>
<br>
2. Preserve and increase private and independent voting by blind
Minnesotans and others<br>
<br>
3. Require nonvisual access to connected and automated vehicles in
applicable legislation<br>
<br>
About the NFB of Minnesota<br>
<br>
This information is provided by the members of the National Federation of
the Blind of Minnesota (NFBM), the state’s oldest, largest, and most
active membership organization of blind and interested sighted people,
who have worked together since 1920 to formulate much-needed social
change. With chapters throughout the state, we deliver a message of
hope and encouragement that blindness need not hold us back. We
promote policies that will bring blind people of all ages into full
participation in our communities.<br>
<br>
Over the years, we have worked successfully with the Legislature to enact
laws that improve opportunities for blind Minnesotans, and you can help
us again this year. We want to share with you a positive approach
to the legislative needs of blind individuals. We ask that you
consider the following information about our current efforts and lend
your support.<br>
<br>
Protect Civil Rights of Blind Parents<br>
<br>
Blind persons who are competent parents have sometimes been denied the
opportunity for adoption, or have lost child custody on the basis of
blindness, without offering specific evidence. The Minnesota legislature
took a step toward addressing the problem with recent amendments to
statute, but stronger protection under the law is needed to eliminate the
bias and discrimination that blind persons face in court decisions
regarding custody, visitation, foster care, guardianship, or
adoption. Legislation should include procedural safeguards if
blindness is raised as a factorsetting a proper legal standard of proof,
shifting the burden to the party making the assertion, and taking into
account the use of supportive parenting services if such services are
needed.<br>
<br>
Background: Social service agencies today are often asked to conduct
investigations to ensure that children receive proper care and adequate
protection. Our courts are then called upon to settle child custody
disputes. Like other members of the general public, blind persons have
sometimes found themselves in the midst of child custody and other family
disputes. Unfortunately, a parent’s or prospective parent's lack of
vision often becomes the overriding factor used by the courts and social
service agencies when making decisions about the care of children.
Since blindness is not well understood by court and agency officials, it
can become the primary factor in denying custody to blind parents and
guardians even when it is not a relevant factor at all.<br>
<br>
The National Federation of the Blind has documented thousands of cases of
blind people who are successfully raising children, many right here in
Minnesota. This vast experience demonstrates that blindness is not
a relevant factor in whether a person is fit to be a parent. We have
represented many blind persons in child custody cases across the country,
as well as in other situations involving the care of children.
Unfortunately, blatant discrimination still occurs in too many of these
cases. The capabilities of blind individuals to care for children
are often brought into question even when they have been successfully
caring for their children for many years.<br>
<br>
When a custody dispute arises between blind and sighted spouses, the
sighted spouse frequently makes unsubstantiated accusations about the
incompetence of the blind spouse. In other legal proceedings, the
defendant is deemed innocent until proven guilty. In custody cases,
however, court officials assume that the blind defendant is incompetent
or guilty. Frequently this defendant has to prove that the
accusations are false.<br>
<br>
In September 2012, the National Council on Disability issued a report
entitled Rocking the Cradle: Ensuring the Rights of Parents with
Disabilities and Their Children
(<a href="http://www.ncd.gov/publications/2012/Sep272012">
http://www.ncd.gov/publications/2012/Sep272012</a>). This report
states that parents with disabilities, “are the only distinct community
of Americans who must struggle to retain custody of their children.” The
report goes on to say, “In families where the parental disability is
physical, 13 percent have reported discriminatory treatment in custody
cases. Parents who are deaf or blind report extremely high rates of child
removal and loss of parental rights.”<br>
<br>
Existing Law: The Minnesota Legislature has demonstrated its
understanding that disabled parents should not be denied a role in
raising their children merely on the basis of disability. MS 518.17
Subdivision 1b(5) states that "Disability alone, ... of a proposed
custodian or the child shall not be determinative of the custody of the
child." Although this law was a positive step, the language needs to
be strengthened to require a judge to be more specific about the reasons
for a decisionin other words, to require the court to show that no
discrimination has occurred. Additionally, the law should be changed to
offer a blind parent the opportunity to demonstrate his abilities or to
learn about supportive parenting services which may resolve concerns
before limiting or denying custody rights.<br>
<br>
The supportive parenting services referenced in the proposed legislation
may be accomplished by having the blind person work with other blind
parents. They may learn that, for example, putting bells on an
infant’s or toddler’s shoes will help the blind parent keep track of the
child’s location. These services could also include the provision
of training to help the blind parent improve her independent living and
mobility skills.<br>
<br>
Legislation Needed: Minnesota statutes should be amended to prohibit any
legal presumption that a blind parent is unfit to carry out parental or
caregiving responsibilities. A party raising blindness as an issue would
have the burden of proving, by clear and convincing evidence, that
specific behaviors are endangering the health, safety, or welfare of the
child. If the burden is met, the blind parent or prospective parent will
be given the opportunity to demonstrate how the implementation of
supportive parenting services can alleviate any concerns which have been
raised. If a court determines that a blind parent’s right to custody,
visitation, foster care, guardianship, or adoption should be denied or
limited in any manner, the court must set forth specific written findings
stating the basis for such a determination and explaining why the
provision of supportive parenting services is not a reasonable
accommodation that must be made to prevent such denial or
limitation.<br>
<br>
Increase Accessibility and Privacy for Blind Voters<br>
<br>
Background: As a result of the Help America Vote Act (HAVA) and related
state legislation, blind Minnesotans have for the past ten years been
able to vote privately and independently in elections by the use of
technology that displays and speaks the ballot information and enables
the voter to mark the paper ballot. This technology has also opened the
possibility of independent voting by people with reading difficulties or
other disabilities that impede access to the print ballot.<br>
<br>
Absentee Voting: There remain challenges for blind and disabled voters
who need to vote using absentee ballots. There is already an
existing system permitting military personnel and other voters living
outside the United States to receive a ballot by electronic methods which
can then be completed, printed, and mailed. With minor adjustments,
this system could be used to provide blind and other disabled
voters who use computers a method of printing and mailing in an absentee
ballot with little or no assistance. The NFB of Minnesota supports
current efforts of the Secretary of State to broaden this absentee voting
process to provide a more accessible absentee voting alternative for
blind and disabled persons.<br>
<br>
In-Person Voting: The AutoMark, which is the machine currently used for
accessible in-person voting in 80 out of Minnesota’s 87 counties,
complies completely with Minnesota's requirement that a paper ballot be
used. However, in light of the fact that the AutoMark machines are
aging, are difficult to maintain, and are no longer manufactured,
additional new solutions are needed to ensure that individuals who are
blind or have other disabilities can continue to vote privately and
independently while allowing for affordable options.<br>
<br>
The Minnesota Secretary of State has investigated the matter and found
there to be additional accessible voting machine options that meet
Minnesota's requirement for the use of a paper ballot. However,
cheaper prices, smaller size and wait, and lower maintenance are often
achieved by producing a paper ballot that is of a different design and
size. Such machines are not only for use by blind and disabled voters but
can be effectively used by anyone, and in most cases, allow the expensive
vote tabulation machines already purchased to remain in use.<br>
<br>
Legislation will again be introduced this year to amend Minnesota
statutes to allow for continued access to independent and private voting
by broadening certification criteria, so that newer machines, as well as
other voting technology yet to be developed, can be eligible for
certification in the state of Minnesota. The National Federation of the
Blind of Minnesota will support such legislation, if, and only if, it
continues to include provisions that:<br>
<br>
•
assure that voters who use the accessible technology have access to<br>
all of the same information that is available to voters who do not use
the technology to read and mark their ballots;<br>
•
assure that voters using the technology can vote for all offices and<br>
questions, perform write-ins if desired, verify and correct votes before
casting the ballot, and access all other voting options available to
voters not using the technology;<br>
•
assure that ballots of voters using the technology are not<br>
segregated from ballots of voters who do not use it;<br>
• take
proactive measures to ensure preservation of the anonymity of<br>
the paper ballots in the event of a re-count or post-election
review.<br>
<br>
Nonvisual Access to Connected and Automated Vehicles<br>
<br>
Inadequate public transportation systems and inaccessible rural and
suburban transportation options have long presented a major barrier to
employment opportunities for blind people and others who cannot drive
traditional vehicles. In December of 2018, the Minnesota Governor's
Advisory Council on Connected and Automated Vehicles issued
recommendations for changes in state law, rules, and policies to maximize
the benefits and prepare for the widespread adoption of connected and
automated vehicles (CAV).<br>
<a href="http://www.dot.state.mn.us/automated/docs/Governor's%20Advisory%20Council%20Connected%20and%20Automated%20Vehicles%20Executive%20R....pdf">
http://www.dot.state.mn.us/automated/docs/Governor's%20Advisory%20Council%20Connected%20and%20Automated%20Vehicles%20Executive%20R....pdf</a>
<br>
As the report states, "While it is unclear when this technology will
be fully available, it is clear that CAV is the future of transportation
and may fundamentally change the way we live our lives." The report
continues: "CAV may reduce transportation barriers for persons with
disabilities, the aging population, low income communities and many
others. As Minnesota begins to engage proactively in modernizing policy,
it should be kept in mind that these potential benefits will only be
realized if both the vehicles and the policies are properly designed from
the outset.<br>
<br>
CAVs with level four and five automation, according to the National
Highway Traffic Safety Administration, are designed so that the operator
is not expected to monitor the roadway while the vehicle is in
self-driving mode and so that steering, acceleration, and braking are
operated without human driver input. Private industry stakeholders are
already designing, developing, and testing vehicles with this level of
automation.<br>
<br>
If and when legislation is brought forward that applies to vehicles with
level 4 and level 5 automation, the NFB of Minnesota urges that such
legislation 1) require nonvisual access in user interface; 2) include
accessibility as a component of reporting requirements, and 3) prohibit
licensing requirements that discriminate on the basis of disability where
the actual ability to drive is not a real requirement to use such a
vehicle.<br>
<br>
Additional Pending Issue: Shortage of Teachers for Blind and Visually
Impaired Students<br>
<br>
To access the same academic standards as other students, blind students
must learn specific skills such as reading and writing Braille, using
computers with speech or braille output, moving safely and confidently
through the environment, using transportation, etc.<br>
These and other such skills are taught by teachers with specialized
training as required by federal and state law.<br>
<br>
A 2018 report to the Minnesota legislature<br>
(<a href="https://www.leg.state.mn.us/docs/2018/mandated/180726.pdf">
https://www.leg.state.mn.us/docs/2018/mandated/180726.pdf</a>) documents
a significant and increasing shortage of teachers trained to provide
needed education services to blind children and youth in Minnesota.<br>
The ability to hire new teachers to replace them is severely limited by
the lack of a licensure program within the state. The National Federation
of the Blind of Minnesota has been working with the Teachers of the Blind
and Visually Impaired Advisory Committee, Institutions of Higher
Education, and other interested parties to remove roadblocks hindering
Minnesotans' ability to receive the appropriate licenses while
maintaining the needed level of competency.<br>
We will be in contact with the Minnesota Legislature when a specific
solution is presented, and we urge you to contact us if questions or
issues arise on this topic.<br>
<br>
For further information on these legislative priorities, or should
questions arise on any matters affecting blind people anywhere in
Minnesota, contact Ryan Strunk, President, National Federation of the
Blind of Minnesota, by phone at (612) 872-9363 or email
<a href="mailto:president@nfbmn.org">president@nfbmn.org</a><br>
<br>
<br>
Ryan Strunk, President<br>
<a href="mailto:president@nfbmn.org">president@nfbmn.org</a><br>
<a href="http://www.nfb.org/" eudora="autourl">www.nfb.org</a><br>
<a href="http://www.nfbmn.org">www.nfbmn.org</a><br>
(612) 872-9363<br>
Live the life you Want.</blockquote></body>
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