[blindlaw] Section 504 of the Rehabilitation Act

Thu Jan 29 01:10:11 UTC 2009

Hi Russel, I agree with you that mainstreaming can be detrimental.  By no
means am I an expert on the subject but I've spent some time thinking about
the topic.  It's difficult to conceptualize how mainstreaming would be
advantageous to a student that wasn't well prepared for it.

On Wed, Jan 28, 2009 at 11:54 AM, Russell J. Thomas, Jr <
rjtlawfirm at yahoo.com> wrote:

> Thank you for your very thoughtful post. Your post touches off some "hot
> buttons" with me.
>
> Speaking just for myself, I can't imagine practicing law without Braille. I
> know it can be done, and I applaude those who do it successfully.
> Nonetheless, I believe that Braille is a vitally important tool for blind
> people.
>
> The first problem is that during the 70's, many sighted liberals and social
> experimenters, thinking they knew what was best for blind people, thought
> that Braille was old-fashion and unnecessary.  This was coupled with the
> idea of "mainstreaming"--get a blind child into public school whether
> he/she
> was ready or not.  Both these notions wound up disadvantaging many blind
> people. My own view--like it or not--any blind person born blind who does
> not have some knowledge of Braille should consider himself/herself
> functionally illiterate. This opinion is completely different for those who
> lose their sight later in life; they have very high mountains to climb. For
> myself, since I have never had sight, I don't miss it.
>
> With respect to "mainstreaming" when a child is ready for public school
> they
> should go, so long as the proper support system is in place.  Until a child
> is ready, there is nothing wrong with preparing a child in a learning
> environment established for the education of blind children.
>
> Your post raises some intriguing legal issues. I know that NFB has always
> emphasized the importance of Braille literacy.  Some states, like
> California, forbid the use in public universities of any book that can not
> be made available in an accessible format.
>
> While some research needs to be done, I would have to believe that there is
> room for an argument that for a state to eliminate Braille as a part of its
> educational process might raise serious issues under section 504, to the
> extent that the state accepts federal funds to support its educational
> programs.
>
> Keep up the fight!
>
>
>
>
>
> Respectfully,
>
>
>
> Russell J. Thomas, Jr.
>
> THOMAS & ASSOCIATES
>
> Orange County Office
>
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>
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>
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>
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>
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>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
> Behalf Of randolphc at kbti.org Cabral
> Sent: Wednesday, January 28, 2009 10:34 AM
> To: NFBnet Blind Law Mailing List
> Cc: info at kbti.org
> Subject: [blindlaw] Section 504 of the Rehabilitation Act
>
> 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
>
>
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