[Nfb-greeley] Fw: Legislative Memorandum 2014

Thu Feb 27 02:22:14 UTC 2014

----- Original Message ----- 
From: Lisa Bonderson
To: Jessica Beecham
Sent: Wednesday, February 26, 2014 5:25 PM
Subject: Legislative Memorandum 2014

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-NEWSLINE® 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-NEWSLINE®, 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: slabarre at nfbco.org

EXPAND AND ENHANCE NFB NEWSLINE® SERVICE TO BLIND COLORADANS

For more than a decade, the Colorado General Assembly has funded Colorado's 
NFB- NEWSLINE®, 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-NEWSLINE® 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- NEWSLINE® 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-NEWSLINE® 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-NEWSLINE® 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-NEWSLINE®, 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: 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.  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

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