Vigyan Bhawan, AIIMS, Feroz Shah Kotla… can’t go anywhere

Bindu Shajan Perappadan,  February 27, 2017 21:42 IST

Two key buildings in Delhi — Vigyan Bhawan and Social Welfare Department (GNCTD) — are inaccessible to people with disabilities.Ironically, the President presents national awards to differently-abled  persons at Vigyan Bhawan and the Social Welfare Department is a two-storey building meant for their welfare, says  physician and disability rights activist Satendra Singh, summing up the state of inclusion of accessibility for the differently-abled in the Capital.Speaking about his own “struggle”, Dr. Singh, who has 70% orthopaedic disability, says: “I have to travel 4 km from GTB Hospital (his office) to Suryanagar to use the post office as the one on the hospital campus is on the first floor and there is no lift. I have to file a case in Disability Court against my Medical Director to make the post office and bank accessible.”The lack of access to essential services remains a source of discrimination and lost opportunities for the disabled, says the doctor.The list of inaccessible buildings in the Capital includes premier hospitals as well.“

Despite my petition, AIIMS Delhi remains inaccessible to people with disabilities. The New Delhi railway station doesn’t have a lift connecting to the platforms and escalators are not disabled-friendly. Though there are low-floor buses, have you ever seen a wheelchair-user travelling in them,’’ he asks. Most irritating, he says, is the fact that entertainment is beyond the reach of the disabled. “Neither cinema halls nor Firoz Shah Kotla is accessible,’’ he says. 

Inaccessibility is not restricted to wheelchair-users only, says disability rights lawyer and access consultant Subhash Chandra Vashishth. According to him, to realise the mandate of inclusive and accessible public infrastructure, all public spaces need to be conceived, designed and developed keeping diversity of users in mind.

Dr. G.N. Karna, a research officer and honorary president of the Society for Disability and Rehabilitation Studies, says there is a need to improve the monitoring of implementation of various policies, including the yet-to-be notified Rights of Persons with Disabilities Bill, 2016.

Source: The Hindu 

Activists term disability bill a 'skeptical Act'

Manash Pratim Gohain | TNN | Updated: Dec 16, 2016, 22:23 IST

NEW DELHI: Even as the Rights of Persons with Disabilities Bill 2016 got the approval of Lok Sabha on Friday and Rajya Sabha on Wednesday, disability rights' groups and activists punched holes into the new Act on Friday. While welcoming the passing of the bill, the process which started in 2007, they say that many provisions of the bill will "inculcate exclusion," and that "this Act will be more of obstacles rather than implementation." Activists are also concerned with the bill not specifying any provisions for women and children with disabilities, who are among the most vulnerable groups of the society.

Concerned over the passing of the bill without any discussion in the Upper House of the Indian Parliament, Sambhavana Organization, a disability rights' NGO said that due to this "the Bill has been passed with many inadequacies and unresolved issues," many of which they claim were part of the previous draft bills "which have been omitted or diluted in the present one."

"We feel happy with the passing of the Bill, but are concerned over the fact that there has been no discussion on it in the Rajya Sabha. This means the issue of disability is not a priority for the policy makers," said Nikhil Jain, president, Sambhavana.

While the categories of disabilities have increased threefold, from seven to 21, the amended bill provides only 4% reservation for Persons with Disabilities (PwDs) which has been 3% so far. The rights' groups and activists were demanding retention of at least 5%. "Reservation in jobs, once proposed to be enhanced from 3% (1995 Act) to 5% (2014), has now been restricted to 4%," said disability right's activist, Dr Satendra Singh.

Stating that the United Nations Convention on the Rights of Persons with Disabilities, which India is a signatory envisage "no policies without the PwDs in its ambit," Pankaj Sinha, a disability rights activist said that the rights of the disabled have been curtailed by the new Bill.

"The amendments have been in waiting since 2007 and drafts of many committees rejected. The previous government also tried to pass an ordinance after the Sudha Kaul committee report was not accepted. The present government without putting the draft in public domain passed it," said Sinha.

Stating that the Bill leaves a lot of lacunas for violators to get scot free, activists said that need of the hour has been more teeth for punitive action. "Another amendment drops imprisonment (two months to six months) for violation. There is only a fine of Rs 10,000 to Rs 5 lakh," added Singh.

Another major concern has been regarding the rights of women and children with disabilities. "There is a special mention about rights of women and children with disabilities, but nothing specific has been stated. There is no legal provision for women with disabilities in marriage or divorce laws, where we need more clarity because they suffer the most. As far as children with disabilities are concerned there is also a special mention, but we need to clarity on how they are treated in institutions and inclusive education for them. In adoption laws too children with disabilities are left out. We need more specific provisions regarding adoption of children with disabilities," said Abha Khetarpal, president, Cross for Hurdles.

Subhash Chandra Vashishth, advocate, disability rights, Centre for Accessibility in Built Environment, also highlighted the dilution in the amendments such as how Section 3 (3) allows "discrimination against disabled person if it is 'a proportionate means of achieving a legitimate aim.' This clause leaves 'legitimate aim' open to the subjective interpretation of bureaucracy.

According to Singh, "Only remarkable part of a skeptical Act is inclusion of autism, dyslexia, deaf-blindness and other impairments."

The Blind Workers Union too claimed that the main problems faced by the disabled community have not been addressed. The union in a statement said, "The Bill continues to lack any serious engagement on the question of protecting the labour and economic rights of disabled persons employed in the private sector."

Source: Times of India

What constitutes "appropriate education" for students with Autism in public schools- US Supreme Court to consider

Dear Colleagues,

The origins of this potentially lank mark case stretch back to 2010 when the parents of a child with autism in Douglas County of USA had to withdraw their child from "Summit View Elementary" -  a public school  after the child (now 17) began to exhibit severe behavioral issues, including banging his head, dropping to the floor, disrobing and running away from school. The parents having been convinced the school wasn’t doing enough to help their son with autism progress academically, pulled the child out of Summit View and enrolled him in Firefly Autism, a Denver school that specializes in working with autistic children.

The parents have argued in the petition they submitted to the U.S. Supreme Court late last year that the intent of the IDEA (Individuals with Disabilities Education Act) was to provide a meaningful education to disabled students, not simply a “just-above-trivial” benefit. They noted that federal judges from several circuits across the country have issued conflicting rulings over the years on what is the "appropriate standard" to be used to assess the proper level of educational benefit a disabled student should get. The petition of the parents argues that this case presents an ideal vehicle for this Court to resolve the circuit split and provide lower courts with guidance in applying the IDEA.

It is pertinent to note that the U.S. Supreme Court hasn’t spoken on the issue since the 1982 Board of Education Versus Rowley ruling, when it affirmed that IDEA guaranteed disabled students access to the public school classroom but didn’t address the quality of that education.

Even in India, we have been facing this issue of what is 'appropriate education' for children with disabilities, particularly those with intellectual and developmental disabilities. While the government schools in India are woefully ill-equipped in absence of trained educators, lack of teaching learning material in the schools given the large number of students. The situation is equally grim in the private schools as well who charge a considerable amount in the name of tuition fee and other counts, however, have made the education of disabled children an affair to be managed by Shadow Teachers (paid by parents). In the name of inclusion, children do remain in the school but there is hardly an effort to include them in the classroom or the learning outcomes. Children with disabilities are also not included in play or extra-curricular activities. This is surely not inclusion. This is a clear violation of the spirit of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 and in particular Section 30 of the Act.

Entire world will be watching this case with great curiosity as to what Supreme Court of USA decides. But one thing is sure, Supreme Court had made up its mind to speak its mind on the issue and likely to grant Certiorari to the parents. This case is truly about equal opportunity for the special needs children that the law requires. And this is likely to help realize inclusive education as enshrined in the IDEA.

Brief about IDEA 

The Individuals with Disabilities Education Act (IDEA) is a four-part (A-D) piece of American legislation that ensures students with a disability are provided with Free Appropriate Public Education (FAPE) that is tailored to their individual needs. IDEA was previously known as the Education for All Handicapped Children Act (EHA) from 1975 to 1990. In 1990, the United States Congress reauthorized EHA and changed the title to IDEA (Public Law No. 94-142). Overall, the goal of IDEA is to provide children with disabilities the same opportunity for education as those students who do not have a disability.

IDEA is composed of four parts, the main two being part A and part B.[1] Part A covers the general provisions of the law, Part B covers assistance for education of all children with disabilities, Part C covers infants and toddlers with disabilities which includes children from birth to age three, and Part D is the national support programs administered at the federal level. Each part of the law has remained largely the same since the original enactment in 1975.

In practice, IDEA is composed of six main elements that illuminate its main points. These six elements are: Individualized Education Program (IEP), Free and Appropriate Public Education (FAPE), Least Restrictive Environment (LRE), Appropriate Evaluation, Parent and Teacher Participation, and Procedural Safeguards. To go along with those six main elements there are also a few other important components that tie into IDEA: Confidentiality of Information, Transition Services, and Discipline. Throughout the years of IDEA being reauthorized these components have become key concepts when learning about IDEA.

Here is the coverage in Denver on the issue

U.S. Supreme Court will hear Douglas County student with disabilities case

Origins of potentially landmark case stretch back to 2010

The U.S. Supreme Court announced Thursday that it will hear a potentially groundbreaking case brought by a Douglas County couple who claim that their autistic son was not provided an adequate education in the public school system as required by federal law.

The high court’s ruling on the case, which likely wouldn’t come down until next year, could have substantial implications for students with disabilities across the country in terms of the standard school districts will be required to meet when providing instruction and services. At issue is whether schools must provide an education equal to other students.

The family, whose last name is not used in court documents, told The Denver Post on Thursday that they were “shell-shocked and giddy” about the decision by the Supreme Court to grant certiorari to their case, which has dragged on for half a dozen years.

“It’s about equal opportunity for special-needs kids that the law requires,” said Joe F., father of Endrew F., whose name anchors the Endrew F. v. Douglas County School District case file. “If we can change any families’ lives, that’s our goal.”

The district released a statement on the high court’s decision late Thursday.

“It would be inappropriate to discuss the specifics of the case while it is still being litigated, but the Court’s decision today is not a decision on the merits, and we look forward to addressing the issues before the Court,” district spokeswoman Paula Hans said.

The roots of the case go back to 2010, when the Highlands Ranch couple pulled Endrew, now 17, out of Summit View Elementary after he began to exhibit severe behavioral issues, including banging his head, dropping to the floor, disrobing and running away from school. Convinced the school wasn’t doing enough to help their son progress academically, the couple pulled him out of Summit View and enrolled him in Firefly Autism, a Denver school that specializes in working with autistic children.

“If he was able to show up to school and say ‘good morning,’ that was good enough for them,” Joe F. said of the Douglas County School District. “They weren’t moving his education forward.”

The family has asked that their last name not be used.

The parents, who said their son has made progress in his learning since attending Firefly, asked the district to reimburse them for the tuition they paid for Endrew’s private schooling. They claimed that the Douglas County School District did not do enough to provide their son with a “free appropriate public education” as required by the 1975 Individuals with Disabilities Education Act (IDEA).

But an administrative law judge, a federal judge and the 10th U.S. Circuit Court of Appeals backed the district, claiming in separate rulings that the federal statute only requires that schools provide students with “some educational benefit,” a standard they determined Douglas County had met with Endrew.

The family argued in the petition they submitted to the U.S. Supreme Court late last year that the intent of the IDEA was to provide a meaningful education to disabled students, not simply a “just-above-trivial” benefit. They noted that federal judges from several circuits across the country have issued conflicting rulings over the years on what is the appropriate standard to be used to assess the proper level of educational benefit a disabled student should get.

“This case presents an ideal vehicle for this Court to resolve the circuit split and provide lower courts with guidance in applying the IDEA,” their petition argued.

The U.S. Supreme Court hasn’t spoken on the issue since the 1982 Board of Education v. Rowley ruling, when it affirmed that IDEA guaranteed disabled students access to the public school classroom but didn’t address the quality of that education.

The family received a boost last month when the Office of the Solicitor General filed an amicus brief urging the Supreme Court to take up the case. It said that the 10th U.S. Circuit Court of Appeals had set the bar — a standard of “merely … more than de minimis” educational benefit — too low.

“No parent or educator in America would say that a child has received an ‘appropriate’ or a ‘specially suitable’ or ‘proper’ education ‘in the circumstances’ when all the child has received are benefits that are barely more than trivial,” the solicitor general’s office wrote.

But Kathleen Sullivan, chief counsel for the Colorado Association of School Boards, said it would be better for Congress to clarify its statutes than for the court to impose an order. A uniform standard handed down by the Supreme Court would prove “disruptive” to what is today an individually tailored analysis and decision between educators, parents and students, she said.

“The disruption is in shoving aside more than 30 years of case law that we have in helping us understand what the IDEA means for students,” Sullivan said. “I think we would see a wave of litigation to define and apply that new standard.”

The district, in a brief it filed earlier this month urging the Supreme Court not to take up the case, argued that in passing the IDEA, Congress guaranteed access to public education for students with disabilities but did not specify what the level of that education should be.

“Thus, for over 30 years, this Court has held that if a State provides a program ‘reasonably calculated to enable the child to receive educational benefits,’ then it ‘has complied with the obligations imposed by Congress and the courts can require no more,’ ” the brief argued.

But Jack Robinson, an attorney for Endrew F.’s family, said one of the IDEA’s stated goals is readying a student with disabilities for the workforce or independent living, something that can’t be achieved with a minimal education offering.

“There has to be a more heightened and robust standard than a little more than nothing,” Robinson said. “This case has the potential of recognizing that children with disabilities have a right to a substantive education.”

Source : Denverpost 

Note: This post is also reproduced on blog "Disability Rights Through Courts" 

Structural Changes in Govt. Schools with NGOs on Board to ensure disabled children actually learn

Dear colleagues,

Please refer to my earlier post titled 'Delhi Govt. focuses on students with disabilities in Govt. Schools- thanks to Working Groups with NGOs'. Here is an updated report on the project by Shreya Roy Chowdhury of TNN, wherein the 6 working groups have moved ahead on many areas and the Delhi Govt. is hoping that through these interventions, the children with disabilities enrolled in govt. schools will actually learn:

6 new working groups for kids with spl needs (Times of India)

Shreya Roy Chowdhury | TNN | Updated: Sep 22, 2016, 12.04 AM IST

New Delhi: Through a number of interventions, Delhi government is hoping to ensure that disabled children in its schools actually learn. Taking disability-sector NGOs on board, the Directorate of Education has established six working groups to address different aspects of education for such kids—teacher training, aids and resources, even "structural changes" in the administration. "Disability mapping" is on the cards and on September 15, the government issued a list of 14 schools in different school districts where accessible "resource centres" will be built.

There are about 20,000 'children with special needs' or CWSN in Delhi government schools. The Right to Education Act's insistence on inclusivity and accessibility has increased enrollment but activists argue the system is not up to scratch. Now, even the government agrees. The minutes of a June 2016 meeting organised by the government with NGOs says, "The issue of mismatch of expertise of Special Education Teachers (SETs) and needs of CWSN was raised. Disability mapping of CWSN should be the first step." The meeting was attended by directorate officials and representatives of many organisations.

"The special educators are single-disability trained. We have offered to train in cross-disability and inclusive education so that they can help children and teachers," says G Syamala of Action for Ability Development and Inclusion.

The DoE's meeting minutes explain that each working group will include two NGOs (or institutes) and one department official. One will work exclusively on learning disabilities — help identify children who have them, "finalize...tools for assessment of learning disabilities", "provide lucid instructions for...teachers", "prepare training module for assessment of these children."

Another will develop teaching aids. There'll be a central resource library in every zone — 29 libraries distributed over 13 school districts. These will serve as repositories of resources for special educators, teachers, parents and the kids themselves. The All India Confederation of the Blind has offered to work with the Delhi Bureau of Text Books to producing Braille and large-print texts.

Members also agreed on developing "zonal resource centres" — essentially one school in a zone capable of extra support — for children "with severe disability." This, however, doesn't mean more 'special' schools — fundamentally contrary to the idea of inclusion. "Recipient[s] of these services (CWSN) will study in their schools" and the centres will offer "specialized services". Major changes to the administration are also being considered including creation of special posts to implement programmes and monitor.

The AICB president AK Mittal has sent the DoE a list of other suggestions including "orientation and mobility" training for the visually challenged, "expanded core curriculum activities" for disabled children and "school-mapping for the placement of special educators."

Delhi Govt. focuses on students with disabilites in Govt. Schools- thanks to Working Groups with NGOs.

Dear Colleagues,

Delhi Govt's decision to form working groups in association with NGOs has resulted in some renewed focus on the learning outcomes of students with disabilities studying in various govt and aided schools in Delhi. I call it a step in right direction by the Kejriwal Govt. which has been experimenting several programs to ensure that students with disabilities were truly included in schools. Its Department of Education (DoE) had formed 7 working groups in association with leading NGOs working on inclusive education to address the issue of quality education for all in Govt. Schools. 

This constructive & participatory process assures all of us that things are going in right direction despite initial hiccups and several challenges. The special educators have been asked to prepare IEP (Individualized Education Program) for each child with disability with short term and long term goals to be reviewed periodically. The teachers are also given flexibility to review & modify the module. The support of multi-disciplinary team like therapists, counselors,  educators etc is also being proposed to be made available.

The challenges that still remain is many schools do not have required number of special educators. Class Teachers also need to be trained and involved in the child's learning and the responsibility shouldn't be just shifted to the special educators completely. This would not result in true inclusion.  Parents also have a larger role in child's development & should be involved in supplementing IEP at home. But this is also a challenge as many of them are working and do not have time to support children's education.

However, I am sure the working groups with the support of expert NGOs would take this challenge further and take this program of inclusion to a gradual success. I would be very keenly following this experiment on inclusive & quality education with measurable learning outcomes of children with disabilities (children with special needs)  in Govt. schools. This experiment deserves accolades and is worth emulating in rest of Indian states given its participatory approach with a focus on inclusion!

Here is the Tribune Report on the same.

Special education programme for the disabled in govt schools

Every disabled child studying in Delhi Government run and aided schools will now get personal attention with the AAP government asking special educators to prepare an individualised education programme (IEP).

"Special educators placed in government run and aided schools have been asked to prepare an individualised education programme for every disabled child in their care. The IEP will include instructions on the teaching procedure as well," a senior official of the Directorate of Education (DoE) said.

There are around disabled 20,000 children enrolled in government schools at present.

"We have asked the special education teachers to prepare the IEP of each child with special needs (CWSN) within 15 days, the format of which should cover everything from basic requirements to extra-curricular activities.

"Teachers will have the liberty to modify any particular child's module as per requirements. The educators will not only record the type of special need but also associated conditions, languages spoken and referral to other services -in case the child needs services such as physiotherapy," the official said.

After identifying the problems, the educators will set both short-term and long-term goals for each child.

DoE officials had recently formed seven working groups in association with various NGOs working for children with special needs.

Smart cities missing out on accessibility and inclusivity

“While the entire smart cities (project) is data- driven project, there is no data on accessibility. Since there is no data, there is very less likelihood of including it into the indicators," said, Subhash Chandra Vashishth

By: Express News Service | Ahmedabad | Updated: August 28, 2016 6:00 am

Leading experts from various sectors batted for the government to have more accessibility and inclusivity indicators in the Smart Cities Mission at the national conclave on Universal Design and Accessibility (UD &A) in Smart Cities, organised by the Indian Institute of Management-Ahmedabad Saturday.

Speaking on the sidelines of the conclave, Subhash Chandra Vashishth, lawyer and founder of CABE, said, “While the entire smart cities (project) is data- driven project, there is no data on accessibility. Since there is no data, there is very less likelihood of including it into the indicators. Accessibility is actually still not on the agenda of smart cities, that’s what we have seen in our experience. It’s on automation, on getting smart technology — but not planning the environment keeping the last link — the weakest and most vulnerable person in mind. Unless that happens, this is not sustainable and we may have to end up redoing it in the future. So far we have been looking at accessibility as a charity and talking in terms of percentages, but we have not been benchmarking it.” He added that accessibility reforms will be brought in with the NBC (National Building Code) 2016.

“The IT infrastructure currently employed in corporates and banks etc that is usable by mainstream needs to be usable by all, which is where the gap really lies. For example, if you use a software in a bank, its usability by a blind person is not taken into consideration. And what it leads to is that no blind person is then placeable in that bank. Secondly, there are certain key building blocks for IT infrastructure and accessibility. One of them is this text to speech technology and it doesn’t work for us in Indian languages despite India becoming an IT hub of the world. Lots of research is happening through labs, but different models need to be brought in,” said Dipendra Manocha, managing trustee, Saksham Trust.

“The entire framework for smart cities is looking at how to provide IT infrastructure that is smarter, but who are the people going to use it? Especially children, old people, women etc, and people with disabilities who are not that smart. People creating these smart cities should also look at what unsmart people we are planning for in terms of programme, plan, delivery accessibility and usage. The smart cities mission misses out on the accessibility and inclusivity bit as many people who are not IT savvy, economically backward,” said Anjlee Agarwal, executive director, Samarthyam.

Rachana Khare, head, School of Planning & Architecture, Bhopal, said, “In the smart cities mission, the government should specify the UD &A parameters in the mission document itself.”

Source: The Indian Express

Are meritorious candidates with disabilities adjusted against disability quota against the spirit of Section 33?

Dear Colleagues,

The govt. departments, who should be complying with the provisions of the Persons with Disabilities (equal opportunities, protection of rights and full participation) Act 1995 have been flouting these very provisions under different garbs. This is not a new phenomenon. I remember in April 2005, I had challenged on behalf of All India Confederation of the Blind an advertisement of Govt. of NCT of Delhi and UPSC for filling up 90 posts of Principals without giving 3% reservation for persons with disabilities. In the counter filed by the Delhi Govt. it was suggested that they will adjust all persons with disabilities against reserved quota even if they cleared on their own merit. The Hon'ble Court presided by Justice S. Ravindra Bhat then had given a categorical judgement saying this could not be allowed and issued rule. The Delhi Govt. even went in appeal through LPA No.2042, 2043 and 2044/2005, however, on 21 Dec 2005 vide a common judgement, the double bench headed by the Hon'ble Chief Justice and Justice Madam B Lokur dismissed the said appeals upholding that Article 46 of the Constitution provides that the State shall promote the interests of weaker sections and weaker section would include not just SCs and STs but also persons with disabilities. The court had dismissed the LPAs with directions that a candidate with disabilities who has qualified in the selection and whose merit is so high that if he were a general category candidate he would still have been selected, then his appointment will not be made against the quota of persons with disabilities. Such a candidate would be treated as if in the general category and the reserved seats of the disabled category will be calculated excluding him or be filled up accordingly.

In fact, this fact has been repeatedly held by the Hon'ble Supreme Court that concessions to help / enable a candidate appear in examinations cannot be termed as “reservation benefits“ if she/he qualifies on merit. [PGI Medical Education and Research V. K.L. Narasimham, (1997) 6 SCC 283]

The trend of subverting the laws against the marginalized section continues to be pushed by many employing departments rendering the minimum reservations as maximum reservations. As simple as age relaxations, fee relaxations, lower threshold of qualifying marks and additionally in case of disabled candidates - using a scribe or availing compensatory time during examination is being used as the basis to classify them as "reserved candidates". Using a scribe or compensatory time or fee/ age /qualifying marks relaxation can at best be considered as enabling provisions. These provisions can not be used to push them in to the "reservation quota" thereby defeating the original intent of such beneficial legislation.

The National Commission for SCs is examining this issue and has issued notice to UPSC, DoPT etc. on receipt of complaints from the stakeholders. The Commissioner for Persons with Disabilities have not taken any suo moto notice of several such cases happening right under their nose. This is an alarming situation where the statutory bodies are lagging behind in restoring justice to the most marginalized and to protect their rights and equal participation in the spirit of the law.

Medical Board declares a teacher with 30% disability as medically unfit; denied Govt. job

Dear Colleagues,

We come across such cases pretty often as a result of biases & negative attitudes towards persons with disabilities & total lack of awareness about the legal provisions. This case is unique since the government or the medical board couldn't have declared the candidate as medically unfit for the post, even if she was visually disabled (exceeding 40% disability) since the post is also identified for persons with disabilities (visual impairment).

The visiting teacher has a 30% certified visual disability thus she is not a person with disability in terms of the Disabilities Act of 1995. The Act mandates a person with 40% disabilities to be eligible for the benefits / reservation available for persons with disabilities. 

In both cases whether the candidate has a visual disability of 40% or not, she couldn't have been rejected on the grounds of disability. The medical boards are woefully unaware of the enabling provisions of the disabilities Act and they mechanically declare candidates medical fit or unfit without even going in to the job requirements.

Here is the news from Times of India

Denied govt job, relief in sight for 25-yr-old

Ambika Pandit

New Delhi



Deemed Medically Unfit, Woman Secures Review

Her dream of becoming a teacher landed in jeopardy after the medical board of a government hospital declared her “medically unfit“. However, the Public Grievances Commission (PGC) and education department came to the rescue of the 25-year-old and sought a review of the medical report. She is likely to get the Delhi government school job soon.

The medical board rejected her due to a vision deficiency -absent left eye. The job aspirant has, however, been working as a guest teacher in a government school. The PGC and education department said that she has just about 30% sight deficiency in one eye. Moreover, the job for which she was selected was non-technical.

The woman has now been re-examined by a special medical board and her appointment by the state government is awaited. The effort by the education department and the PGC has opened a window of hope for others like her who may find themselves in the same position. Her father approached the PGC on May 24 after the joining order to the post of assistant teacher (primary) was not issued to her by the education department.

The first hearing was held by PGC in June. The education department filed a status report stating that the “candidate was declared medically unfit (absent left eye) by Babu Jagjivan Ram Hospital in April, 2016. At present, appointment to the candidate cannot be given by the directorate of education.“

The woman gave a submission that she has 30% sight deficiency since birth and, as per rules, she is not entitled to the handicap certificate. She added that she had finished her entire education and passed examinations without any hindrances.As such, she should not be prevented from her entry into government service as school teacher. She also informed that she is working as a guest teacher with Delhi government and performing her duties perfectly.

Hearing the matter, PGC member N Dilip Kumar observed: “The complainant can study and attend classes and can do all work perfectly . Her eyesight deficiency is in no way affecting her teaching work. As such, relaxation should be given in the rule in respect of complainant.“

The commission advised the director of education to personally look into the matter and ensure that suitable amendment is made to the rules to benefit not only the complainant but also similarly placed candidates. On July 20, the directorate of education informed the commission that it had written to the chairman of the Babu Jagjivan Ram Memorial hospital medical board stating that the candidate has requested for a review of the medical examination report.

“Chapter XIII states that if a candidate is declared medically unfit on account of visual acuity, an appeal should be dealt with by a special medical board, which should include three ophthalmologists. Ordinarily , the findings of the special medical board should be considered as final, but a second appeal shall be permissible in doubtful cases and under very special circumstances,“ it was observed.

The hospital examined her again and has submitted her fresh reports to the education department. The family now awaits the appointment letter that will set their daughter on the road to empowerment.

Source: Times of India 

Hearing Impaired students prepare for military service despite stumbling blocks

Here is an awesome story from Gulf News about the quest of a hearing impaired teacher to prepare and inspire his deaf students for military service in the "School for the Deaf Cadet Corps" that he founded two years ago.  The stumbling block is the closed mindset of the Defence Department that declared last month in a report that it would be “imprudent” to create a programme assessing hearing-impaired people’s fitness for military service. It cited the cost of equipment modifications, security risks from wireless assistive devices and the burden for non-disabled service members if their hearing-impaired counterparts can’t perform the full range of military tasks.

It is so strange that some one who is not deaf decides what a deaf can do or can not do! This is often due to their own ignorance about potential abilities of those with disabilities.   The cost of assistive devices and accommodations would be much less in comparison to the the contribution of such diversity. Israel has taken a lead in this regard by inducting deaf people in suitable roles where the work is more visual than hearing. The quest of this teacher is praise-worthy and I am sure the cadets trained and assessed would find placements and opportunities to serve their motherland through military service.

Here goes the story from the Gulf News-

A hearing-impaired teacher’s quest for armed service inspires students

The Defense Department declared in a report last month it would be ‘imprudent’ to create a programme assessing deaf people’s fitness for military service

Frederick, Maryland: Four teens in camouflage fatigues march briskly around a brick plaza at the Maryland School for the Deaf, silently marking their cadence in American Sign Language: “Left!” “Left!”

These members of the school’s Cadet Corps aspire to military service, but their path is blocked. Deaf people are barred from joining the armed services, as corps creator Keith Nolan well knows. He’s been told, “No,” since 2001, when he tried to enlist in the Navy at age 18.

Nolan is determined to change that.

“I want to show there are no barriers,” he said through an interpreter.

His determination has led to passage of a House bill bearing his name — the Keith Nolan Air Force Deaf Demonstration Act of 2015, which called for a demonstration programme.

The Defense Department declared in a report last month it would be “imprudent” to create a programme assessing hearing-impaired people’s fitness for military service. It cited the cost of equipment modifications, security risks from wireless assistive devices and the burden for non-disabled service members if their hearing-impaired counterparts can’t perform the full range of military tasks.

But Nolan, his cadets and his congressional supporters are undeterred.

“They’re not taking us seriously,” said Cadet Jennida Willoughby, 16, through a sign-language interpreter. “We’re going to keep fighting back.”

During after-school and occasional weekend meetings, Cadet Corps members compete as teams in contests of physical strength and brainpower, and take turns leading problem-solving missions around town, said David Alexander, a school audiologist and Army veteran who helps to run the programme. They’ve gone overnight camping, taken a field trip to the US Military Academy and made a presentation to other students and faculty about the West Point visit.

The cadet corps is independent, not affiliated with the military’s Reserve Officer Training Corps (ROTC).

But Willoughby, an accomplished scuba diver, dreams of becoming a Navy SEAL.

She and her fellow cadets, all rising seniors at the school 72km west of Baltimore, note along with Nolan that the National Geospatial-Intelligence Agency has been hiring hearing-impaired workers since 1987. The agency, which analyses aerial and satellite data, sent three hearing-impaired analysts to support US military operations in Africa from 2012 to 2014, using only American Sign Language.

And the military already has members in jobs that require sound-deadening earphones such as guiding planes during landings and take-offs from aircraft carriers.

“We can serve our country,” said Cadet Blake Brewer, 17, whose older cousin is a Marine. “We can show what we can do.”

Although firearms training is barred by the school’s no-weapons policy, Brewer said he’s willing to take up arms for his country.

“I’m flexible with where they would need me,” he said.

Cadet Maverick Obermiller envisions himself as an engineer, one of the “supporting roles”, including cybersecurity positions, which Nolan says should be open to hearing-impaired people.

There’s a precedent for hearing-impaired people in military service: The Israel Defense Forces (IDF) have always recruited hearing-impaired volunteers and found ways for them to serve in uniform, spokeswoman Libby Weiss said in an email. She said the IDF communicates with deaf or hearing-impaired soldiers through adaptive devices, text messages, emails and lip-reading. In 2012, the IDF announced an Israeli sign-language course to help commanders communicate better with deaf and hearing-impaired soldiers, then numbering more than 100.

Weiss said hearing-impaired service members are usually exempt from instructing roles, or jobs that would require them to communicate by telephone.

Rep. Mark Takano, D-California, cites Israel’s experience as one reason he will continue pressing for a US demonstration programme. Israel has “the benefit of a more diverse and talented pool of service members,” Takano wrote in an email. “Their example shows that this policy can be effective in some of the most tense and dangerous military arenas.”

Sen. Kelly Ayotte, R-New Hampshire, said in an email that she, too, will continue pushing the Defense Department to see whether Americans with disabilities can serve and meet required military standards.

Nolan, who teaches high-school government and history, said supporting the military in a civilian role isn’t the same as serving in uniform, as one of his grandfathers and a great-uncle did.

Nolan made it through two years of ROTC at California State University, Northridge, before being told his deafness made him ineligible for advancement.

He founded the Maryland School for the Deaf Cadet Corps two years ago to teach skills he deems valuable no matter what career his students choose.

“I want to see them pave the way for the future,” Nolan said. “I have done my part so far, but I want to see them take it and break through.”

RTI reveals Delhi's Schools not compliant to CBSE guidelines on disabled friendliness

This report filed by Mr. Manash Gohain in Times of India Delhi Edition and published on May 08 2016 titled "City schools tough place for disabled" based on over 160 RTI replies received by Ms. Abha Khetrapal of "Cross the Hurdles" reveals how equipped and serious Delhi is when it comes to providing quality education in an inclusive set up for children with disabilities. Here goes the story.



Most Delhi schools are not inclusive, and their differently-abled students are deprived of assistive devices or materials even though the Central Board of Secondary Education has issued guidelines on these. Replies to queries under the Right to Information received from the capital's government, government-aided and private schools reveal that most of the institutions have not carried out audits to establish the levels of the prescribed amenities.

Unfortunately , CBSE, having issued three guidelines over the years, too said in a reply to an RTI query that it had no information on access audits, compliance and action taken in case of non-compliance. The education board first issued guidelines on making school disabled-friendly way back in May 2005. It reissued fresh guidelines in October 2008 and then reiterated these in 2009, making it incumbent on schools to comply with measures suggested in the guidelines.

These included provision of support through accessible educational material and the availability of trained teachers, modification of the existing physical infrastructure and teaching methodologies to meet the needs of all children, including those with special needs, ensuring availability of study material for the disabled and talking text books, reading machines and computers with speech software and the induction of an adequate number of signlanguage interpreters, transcription services and a loop induction system for the hearing-impaired students.

TOI has copies of the 160 RTI replies received by petitioner Abha Khetarpal, President of Cross the Hurdles, an NGO that works with people with physical challenges.Only two of the schools claimed to have carried out the mandated access audit. In a majority of the schools, the queries about study materials, teacher training, infrastructure, access audit report and number of students with disabilities evinced "not applicable" as the response. Just five schools said they had visually-impaired students, and there was no data on students with disabilities like locomotor disability.

According Khetarpal, “The annexure in the 2009 guidelines clearly stated the things that schools were to provide in order to make them inclusive, failing which they would lose their affiliation. CBSE now replies that they do not keep a record of such information.“ The board told Khetarpal that affiliated schools only provide Open Text Based Assessment material in Braille, but this carries only 10% weightage in the final exams and is also meant only for Classes IX and XI. What about 90% of the study material, she asks.How would students with visual impairment cope?

Some private schools refused to divulge the information on the ground that they did not come under the purview of the RTI Act. So, there is no confirmed number on students with disabilities in regular inclusive schools and what they study . Khetarpal says that when asked this, CBSE said it not only didn't have the data, but that it also doesn't monitor compliance of its guidelines.

Source: Times of India