Volume 21 Issue 10

HOH-LD-News
Vol. 21, Issue 10
December 4, 2004

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Table of Contents
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- Article 1: Should Schools Pay for Maintenance of Students' Cochlear Implants?
- Article 2: Ethical dilemma in hunt for 'deaf' gene
- Article 3: Stem-cell researchers hope for deafness cure within 15 years
- Article 4: FCC Seeks Comments on Waived TRS Services
- Article 5: RNID Wins Most Innovative Charity Award
- Classifieds
- Contact Information and Disclaimers

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Contact information and disclaimers are at the end of this newsletter.
~~~~~~~~~~~~~~~~~~~

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~~~~~~~~~~~~~~~~~~~
- Article 1: Should Schools Pay for Maintenance of Students' Cochlear Implants?
~~~~~~~~~~~~~~~~~~~

Editor: I think this is a rather interesting question, and one that has good arguments on both sides (as this article demonstrates). There are actually two articles in this story; they were printed a few days apart in the Portsmouth (NH) Herald and are reprinted here with permission.

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November 26, 2004 Article
Law: Schools needn't pay for implant upkeep
By Emily Aronson

STRATHAM - In a move that will affect public schools across the country, federal lawmakers have spelled out that school districts don't have to pay for the upkeep of surgically implanted devices used by disabled students.

An amendment to the Individuals with Disabilities Education Act that was passed last week by Congress specifies that surgically implanted medical devices are not considered to be "assistive technology," which means schools do not have to pay to service the devices, according to a statement released on Wednesday by attorney Jeanne Kincaid.

"These elective surgeries carry with them follow-up and maintenance costs that are the responsibility of the families and their insurers, rather than the public school system," Kincaid said in the statement.

This clarification came as a result of a legal dispute between the Stratham School District, represented by Kincaid, and a 6-year-old deaf student who uses a cochlear implant to hear.

In February 2003, federal court in New Hampshire ruled that the intention behind the Individuals with Disabilities Education Act was that schools would pay for programming the cochlear implant. When the original IDEA was passed, devices such as cochlear implants hadn't been invented and the law didn't include provisions for addressing future technological advancements.

Kincaid said the ruling will have no effect on the requirement that schools provide accommodations and services for disabled students who use special medical devices.

"Congress did nothing to the IDEA to undercut its primary function ... to put (disabled children) on equal par with non-disabled students," she said.

School Board Chairman Bob O'Sullivan said he was glad the matter was settled by Congress instead of through further litigation. The case has already cost the district $100,000 in legal fees, he said.

With the help of U.S. Sen. Judd Gregg, chairman of the Senate Education Committee, the district was able to get Congress to amend IDEA to address recent medical advancements.

"We were not trying to be ogres about this. We were simply asking for clarification," said O' Sullivan.

When the dispute first arose, O'Sullivan said the board was worried that paying for the implant would set a precedent since the law didn't explicitly say that schools must pay for the device.

Prosthetic devices like cochlear implants require specialized and continued maintenance, which winds up being very costly, said O'Sullivan.

"Not only are we responsible for children with various medical needs, we're also responsible for taxpayers' money," he explained.

He added, however, that if Congress had required that schools subsidize disabled students' medical costs, the district would have followed the ruling.

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November 30, 2004 Article
Lawyer's 'fact' was only opinion
By Shir Haberman

PORTSMOUTH - The attorney for the Stratham School District admits it was her own legal opinion she expressed in a press release issued last week, not a statement of fact.

In fact, attorney Jeanne Kincaid, of the law firm of Bernstein, Shur, Sawyer & Nelson in Portland, Maine, said she expects the courts again to be involved in the issue of whether school districts are responsible for maintenance of devices that are implanted in students that would enhance their ability to learn.
"I am positive that someone will litigate this somewhere again," Kincaid said.

In the release, Kincaid said amendments to the Individuals with Disabilities Education Act made by New Hampshire Sen. Judd Gregg "effectively overrule the Stratham School District v. Hunter P. ruling." That ruling, made in February 2003, said that, under federal special-education laws, the school district was required to cover the costs associated with programming, or "mapping," the cochlear implant Hunter Petit was given in March 1999, when he was 32 months old.

"In my opinion, it is not covered," Kincaid said Monday, but she admitted, "there are two ways of looking at it."

However, Peter Smith, a Durham lawyer who represented Hunter's parents, David and Beth Petit, in the case against the Stratham School District, said Kincaid's press release contained a "gross factual error."

He contended the reauthorized IDEA now requires school districts to pay the costs of programming cochlear implants, as well as the transportation costs incurred in getting the student to the location where the maintenance and programming are done.

Smith said that an early amendment by Gregg did, in fact, preclude school districts from paying these costs, but ultimately Gregg changed the wording of the amendment, and the amended version of the bill passed the U.S. House and Senate Nov. 19.

Kincaid predicted the IDEA changes would have broad impact across the nation because it marked the first time that these types of devices are specifically addressed. However, Smith contended the only thing the amendments do is make clear that school districts are not responsible for the cost of implanting these kinds of devices, something neither he nor the Petits have contested.

In fact, all the Petits had originally requested of the Stratham School District was reimbursement for the costs incurred in bringing Hunter to Dartmouth Medical Center in Lebanon for adjustments to his implant.

"We asked the school district to pay transportation costs for Hunter to see the only audiologist in the state who could program his implant," Smith said. "This became a feud over a principle. There was never a lot of money involved."

The Stratham School District ended up paying approximately $100,000 in legal fees in an attempt to keep from paying the Petits approximately $1,200 in transportation costs, Smith said. Both the New Hampshire Board of Education and a state superior court judge ruled in favor of the Petits, and the district ultimately had to pay. The final IDEA reauthorization bill is expected to be signed by President Bush within the next few weeks; however, Kincaid stands by her opinion and believes the next time this issue comes up, a court will side with her based on the amendments passed two weeks ago.

"Why should a school district be responsible for the programming of a device it was not responsible for implanting?" she asked rhetorically.

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- Article 2: Ethical dilemma in hunt for 'deaf' gene
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Editor: We're probably all aware of the controversy involving embryonic stem cells. But that's only one of the many dilemmas being created by medical advances. How about diagnosing potential disabilities in children, or even in embryos? This article from the Sydney (Australia) Morning Herald explores some of those issues. It is reprinted with permission.

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By Julie Robotham, Medical Editor
November 12, 2004

Australian scientists are studying 6000 primary schoolchildren to see whether they carry a mutation in a gene linked to deafness.

But if they do find changes in the DNA of healthy children that may predict later hearing loss, they will be able to give parents no meaningful information about when the condition is likely to become apparent, or help them prevent it.

The ethically fraught study is thought to be the first "gene hunting" project in Australia to involve children who are not sick, researcher Lynn Gillam told the World Congress of Bioethics at the University of NSW this week.

"Parents appear not to understand genetic testing and what it will mean. There will be no health benefit or information they can act on," said Dr Gillam, a research fellow at the Centre for Applied Philosophy and Public Ethics at the University of Melbourne.

"We need to spend a lot of time and effort to make sure parents realise their own child will not directly benefit."

The gene in question is connexin 26, located on chromosome 13, in which a specific mutation has already been shown to cause many cases of profound, inherited deafness.

The children, recruited from primary schools in years 2 or 5, have already been tested for hearing loss so slight that it is unlikely their parents and teachers would even have recognised it.

Ninety such children have been identified and, after DNA swabs are taken in the study's next phase, their genes will be scanned to see whether they have a pattern of mutations.

But the study, conducted through the Royal Children's Hospital in Melbourne, could find any such mutations extend to children whose hearing test was normal.

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- Article 3: Stem-cell researchers hope for deafness cure within 15 years
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Editor: "The Scotsman" is reporting on research at Sheffield University that may enable hearing restoration in the foreseeable future. Here are excerpts from the story. For the complete article, please point your browser to http://news.scotsman.com/uk.cfm?id=1346202004

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SCIENTISTS hope that stem-cell research could lead to a cure for deafness in as little as ten years.

Researchers from Sheffield University are using embryonic stem cells in efforts to grow new cells in the inner ear.

Although in its early stages, the team from Sheffield University hopes it could lead to a cure for deafness in ten to 15 years.

[snip]

Dr Rivolta added that his team hoped to undertake the first tests on animals in two years. "It could then be possible to do human trials in three to four years, but that would depend on the animal trials."

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- Article 4: FCC Seeks Comments on Waived TRS Services
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Editor: Relay providers are currently exempted from a requirement that they provide three-way calling for people using the service. This exemption will expire on February 24, 2005, and the FCC is considering whether or not the exemption should be renewed. Comments are due by December 17.

Here are a few paragraphs from the announcement. For more information, or to learn how to comment, please contact Dana Jackson, Consumer & Governmental Affairs Bureau, Disability Rights Office, at (202) 418-2247 (voice), (202) 418-7898 (TTY), or e-mail at Dana.Jackson@fcc.gov .

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On February 24, 2005, the one-year waiver of the requirement that TRS providers (including providers of captioned telephone service) offer three-way calling will expire. The Commission seeks comment on whether TRS providers will be able to offer this feature as of that date, or whether it is necessary to extend this waiver. We also seek comment on whether, instead of a waiver, the requirement might be modified or clarified and, if so, how.

In the June 17, 2003, Second Improved TRS Order & NPRM the Commission required that TRS providers offer 3-way calling as a standard feature of TRS. In the August 1, 2003, Captioned Telephone Order we recognized captioned telephone service as a type of TRS. That order did not waive the requirement that providers of captioned telephone service offer a three-way calling feature.

On September 24, 2003, AT&T Corp. (AT&T) filed a petition for limited reconsideration of the Second Improved TRS Order & NPRM. AT&T requested that the Commission waive the three-way calling requirement adopted in the Second Improved TRS Order & NPRM. AT&T asserted that it was not possible for the TRS facility to set up a three-way call, subject to clarification regarding how three-way calling may be provided in compliance with the Commission's TRS regulations. On December 11, 2003, Ultratec, Inc. and Sprint Corporation filed a petition seeking clarification that the three-way calling requirement either does not apply to captioned telephone service or that a TRS provider complies with the rule regardless of the method used to set up the three-way call.

On February 24, 2004, in response to these petitions, the Consumer & Governmental Affairs Bureau released an order waiving for one year the requirement that TRS providers (including providers of captioned telephone service) offer three-way calling.

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- Article 5: RNID Wins Most Innovative Charity Award
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Editor: RNID, also known as the Royal National Institute for the Deaf, is the largest charity in the UK for people with hearing loss. They were recently honored as the UK's most innovative charity by an organization called Third Sector. For more information please have a look at their website: www.rnid.org.uk

Here's the press release announcing the award.

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At the Third Sector's Britain's Most Admired Charity Awards ceremony last night, RNID - the largest charity representing the nine million deaf and hard of hearing people in the UK - won the Most Innovative Charity of the Year award.

This award was given in recognition of RNID's contract to modernise NHS hearing aid services, highlighting that the voluntary sector can bring added value to public services. RNID's work with the Department of Education and Skills to facilitate a multi-agency support service for deaf children was also recognised.

On receiving the Award John Low, CEO said, "RNID exists to change the world for deaf and hard of hearing people. To do this, we have to be innovative. Innovation is the route to success. It permeates all we do." He added, "We have demonstrated that the voluntary sector has the flexibility to work across boundaries and can bring added value to public services. RNID is delighted to win this award."

Stuart Etherington, chief executive of the National Council for Voluntary Organisations commented that, "The RNID shows that campaigning and service delivery can be complementary. Its lobbying has had impact on policy and legislation, particularly in relation to the Communications Act."

Lord Victor Adebowale, Chief Executive of Turning Point and RNID trustee, was also recognised as he won the Most Admired Charity CEO. The results of Third Sector's Britain's Most Admired Charity Awards 2004 are based on a poll of the top 500 fundraising charities in the UK.

The Awards publicly recognise good practice and celebrate the vital part that voluntary and not-for-profit organisations now play in Britain's economy. Respondents were asked to vote for Britain's Most Admired Charity and CEO and, for the first time, Most Innovative Charity and Celebrity Charity Champion.

RNID is the largest charity representing the 9 million deaf and hard of hearing people in the UK. As a membership charity, we aim to achieve a radically better quality of life for deaf and hard of hearing people. We do this in the following ways:
- Campaigning and lobbying to change laws and government policies.
- Challenging negative perceptions around deafness and hearing loss.
- Providing information and raising awareness of deafness, hearing loss and tinnitus.
- Training courses and consultancy on deafness and disability.
- Communication services including sign language interpreters.
- Training of interpreters, lipspeakers and speech-to-text operators.
- Seeking lasting change in education for deaf children and young people.
- Employment programmes to help deaf people into work.
- Care services for deaf and hard of hearing people with additional needs.
- Typetalk, the national telephone relay service for deaf and hard of hearing people.
- Equipment and products for deaf and hard of hearing people.
- Social, medical and technical research.

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- Classifieds
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One Event and three Employment Opportunities appear in this issue. (Ads appear after this brief table of contents.)

Event 1
Christmas Drama "Over the River to Christmas"
Christian Life Center, East Northport, NY
December 5, 10, 11

Employment Opportunity 1
Director of Student Services
Idaho School for the Deaf and the Blind (ISDB)
Gooding, ID

Employment Opportunity 2
Coordinator/Scheduler Deaf and Hard of Hearing Services
University of Maryland Counseling Center
College Park, MD

Employment Opportunity 3
Various Positions
GLAD
Various Southern California Locations

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Event 1
Christmas Drama "Over the River to Christmas"
Christian Life Center, East Northport, NY
December 5, 10, 11
~~~~~~~~~~~~~~~~~~~

Christmas Drama. "Over the River to Christmas"

Show only: Sunday, December 5 and Saturday, December 11th. 7:00 p.m
FREE. Child care provided.

Dinner and show Friday, December 10th 6:00 p.m.(no child care provided)
Cost $22.00 per person. Reserve your seats. ASAP! Seats limited.
Reservations required and seats are limited. INTERPRETED FOR THE DEAF

Christian Life Center, 400 Elwood Road, East Northport, New York
phone 631-368-5023 tty/v Tuesday-Friday.
deaf@nbc.org or www.nbc.org/deaf

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Employment Opportunity 1
Director of Student Services
Idaho School for the Deaf and the Blind (ISDB)
Gooding, ID
~~~~~~~~~~~~~~~~~~~

STARTING DATE:
(Anticipated) April 1, 2005

SALARY RANGE:
Negotiable-Commensurate with education and experience

BENEFITS:
Comprehensive fringe benefit package

DESIRED QUALIFICATIONS:
* Master's Degree in Education (Deaf or Blind preferred), or Business Administration with direct school operations experience
* Three years teaching experience (Deaf or Blind preferred)
* Experience with personnel supervision and evaluation systems, problem solving, complaint resolution, and policy development
* Administrative Certification in field of Education
* Fluency in sign language or Braille communications

DUTIES:
Administer all programs within Student Services, including:
* Cottage Life Program (Residential environment)
* Student Health Center (Nursing staff & care providers)
* Students and Campus Staff Transportation (Land & Airlines)
* Student Activities (After school training and recreational)
* Post Secondary Transition Program (Job & Life skills training)
* Summer Work Experience Program

LOCATION:
ISDB is located in Gooding, Idaho (pop. 3,500), a small farming community at the foothills of the Sawtooth Mountain Range. The city of Gooding is a quiet, family oriented community. Abundant recreational and professional growth opportunities are available within a short driving distance. For more info about ISDB check our website at: www.isdb.state.id.us

APPLICATION PROCEDURES: Submit:
1. Letter of application
2. Copies of certification
3. Three letters of recommendation
4. Official transcripts
5. Resume

DEADLINE:
Open till filled

FOR MORE INFORMATION:
Human Resources Department at 208-934-4457 (V/TTY)
or send email to: sherry.hann@isdb.idaho.gov
Successful candidate will be required to furnish a background check within three months of employment as per Idaho Code 33-130.
Hiring is done without regard to race, color, religion, national origin, sex, age or disability. In addition, preference may be given to veterans who qualify under state and federal laws and regulations. If you need special accommodations to satisfy testing requirements, please contact the HR Department.

Major Responsibilities:

1. Hire and train qualified staff to supervise students.
2. Conduct annual staff evaluation system based on job performance and growth.
3. Healthy, clean, and safe living environment for students who stay on campus during the week.
4. Comprehensive medical program to meet the needs of individual students.
5. Transportation program for students when they travel to and from school, including coordination of airline schedules and cost analysis.
6. Athletic program for boys and girls from elementary through high school.
7. Recreational program.
8. Student organizations in Cottage Life Program.
9. Employment program that provides opportunities for successful work experiences for high school students during summer vacation. Also, placement of seniors after graduation.
10. Guidance/counseling program for students as needed and required by state policies.
11. Budgets as assigned and provide input as budgets are developed.
12. In-service programs for staff in Students Services Department.
13. Comprehensive school activity calendar.
14. Behavior modification program in Cottage Life Program.
15. Public relations.
16. All other assigned duties at the discretion of the Superintendent.

Typical tasks performed:

1. Provide management, organization, guidance, and leadership for the Department of Student Services.
2. Develop appropriate relationship with students, parents, and staff.
3. Maintain good relations with the public.
4. Foster interdepartmental cooperation.
5. Provide appropriate environment for students served.
6. Communicate effectively with Superintendent and Administrative Leadership Team.
7. Develop departmental goals in accordance with laws, policies, regulations and the mission of ISDB.
8. Develop personal goals to meet employment needs and personal life needs.

Idaho School for the Deaf and the Blind (ISDB)
Serving Deaf, Hard of Hearing, Blind and Visually Impaired Students of Idaho Since 1906

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Employment Opportunity 2
Coordinator/Scheduler Deaf and Hard of Hearing Services
University of Maryland Counseling Center
College Park, MD
~~~~~~~~~~~~~~~~~~~

The University of Maryland Counseling Center at College Park seeks a full-time (12 Month) Coordinator/Scheduler for Deaf and Hard of Hearing Services.

The Coordinator develops and implements services, policies and procedures involved in the provision of accommodations for University-connected Deaf and Hard of Hearing individuals. The Coordinator also manages core interpreters, including hiring, scheduling, supervising, evaluating, verifying payroll, and acts as substitute interpreter when necessary.

Bachelor's Degree required. Fluency in ASL. RID certified or obtained within one year. Experience in coordinating interpreting services preferably in post-secondary settings.

Salary competitive.

Starting date: On or before February, 2005.

Send letter of application, vitae, transcripts and three letters of reference to:
Chair, Coordinator/Scheduler Disability Support Service Search Committee, University of Maryland, Counseling Center, Shoemaker Building,
College Park, MD 20742-8111.
(FAX 301-314-9206)

Deadline: For early and full consideration apply by January 15, 2005. To make a suitable appointment, applicants may be considered after that date.

The University of Maryland is an EEO/AA Employer.

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Employment Opportunity 3
Various Positions
GLAD
Various Southern California Locations
~~~~~~~~~~~~~~~~~~~

GLAD is an Affirmative Action Employer with equal opportunity for men, women and people with disabilities.
For more information on the following positions, go to: www.gladinc.org
Status of all positions is: Regular, Full-time, Non-Exempt, Full Fringe Benefits unless otherwise noted.
All positions are open until filled. Revised 12/03/04

REGIONAL DIRECTOR
Location: Riverside
Program Name: CODIE
Salary Range: Negotiable based on experience
Brief Summary: Under the direction of the Chief Executive Officer, the Regional Director will plan and supervise the day-to-day activities of the CODIE office in Riverside; provide direct counseling, personal advocacy and other assistance to clients of all ages; develop and implement education, advocacy and resource development efforts in the service area; ensure programmatic objectives are carried out by monitoring program progress and contract compliance; provide ongoing consultation, support and training to staff and supervise staff; complete progress reports to government agencies; assist in the grant writing process and seek out additional funding to expand services....

COMMUNITY INTERPRETER
Location: Riverside
Program Name: CODIE
Salary Range: Negotiable based on experience
Brief Summary: Under the supervision of the CODIE Regional Director, the Community Interpreter will interpret assignments as delegated by the Interpreter Referral Specialists and/or Regional Director for assignments that can range from routine medical appointments, staff meetings at large companies, formal speeches (platform interpreting), press conferences or any other situation that requires communication access. Assignments will depend on level of interpreting skills, record statistics on a monthly basis related to provision of service, in-house tasks such as answering phones...

JOB DEVELOPER/INTERPRETER
Location: Crenshaw
Program Name: EDD
Salary Range: Negotiable based on experience
Brief Summary: Under the direction of the EDD Program Manager, the Job Developer/Interpreter will provide assistance with Job Development/Placement efforts, work in conjunction with traditional employment resources, develop employment opportunities, identify openings and opportunities for clients in need of employment assistance, other duties include job interviews, job counseling to clients and employers...

EXECUTIVE ASSISTANT
Location: Los Angeles
Program Name: GLAD
Salary Range: Negotiable based on experience
Brief Summary: Under the direction of the Chief Executive Officer, the Executive Assistant will perform high-level secretarial and administrative duties with a Human Resources component, which requires independent judgment, exercising tact and personal initiative. The Executive Assistant will compose/type routine correspondence, etc.; organize/maintain office files; answer/screen CEO's telephone messages, schedule/make appointments; arrange/coordinate CEO's travel schedules/reservations; coordinate/ arrange meetings, record/transcribe minutes of meetings; interpret as needed; maintain agency insurance; administration of all employee benefits; recruit, interview/hire all GLAD personnel; assist in the maintenance, administration, and development of personnel policies and the Employee Handbook....

HIV PROGRAM INTERPRETER
Location: Los Angeles
Program Name: HIV Interpreting Services
Salary Range: Negotiable based on experience
Brief Summary: Under the supervision of the Director of Health/Education Services, the HIV Program Interpreter will perform all duties and tasks as outlined in the AESD program scope of work, interpret initial HIV antibody test and results, update and maintain a pool of qualified HIV-trained interpreters to assist with interpreting assignments, interpret and coordinate interpreter services to deaf and hard of hearing consumers with HIV/AIDS for any HIV-related services including but not limited to case management, medical and mental health within Los Angeles County, promote the availability of interpreter services to the deaf community and service providers, implement survey to assess consumer satisfaction of interpreter services provided....

COMMUNITY HEALTH EDUCATOR
Location: Los Angeles
Program Name: CCG
Salary Range: Negotiable based on experience
Brief Summary: Under the supervision of Director of Health Education/Services, the Community Health Educator-For Males Only (CHE-FMO) will follow the guidelines of the Deaf and Hard of Hearing Teen Pregnancy Prevention Program by co-conducting an 8-hour "Be Cool..Sign NO to Sex" curriculum based workshop with co-Community Health Educator. CHE-FMO will also facilitate rap sessions to male youth, recruit, train and maintain a pool of FMO volunteers to facilitate rap sessions, maintain a strong network and collaboration with Teen Pregnancy Prevention programs and Male Involvement Programs....

COMMUNITY ADVOCATE
Location: Ventura
Program Name: Tri-County GLAD
Salary Range: Negotiable based on experience
Brief Summary: Under the direction of the Tri-County GLAD Regional Director, the Community Advocate will assist deaf and hard of hearing consumers in the area of communication access via TTY relay, document translation, and other duties, provide advocacy in the areas of social security, education, employment, consumer affairs, and others, record statistics on a daily basis related to provision of services, counsel deaf and hard of hearing consumers with problems related to personal and family adjustments, finances, employment, food, clothing and housing....

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- Contact Information and Disclaimers
~~~~~~~~~~~~~~~~~~~

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