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Hearing held in Boston, MA, October 24, 1988 .....

Statement of:

Atkinson, Ray, assistant director, Center for Independent Living and

Working, Worcester, CT.......

Bartels, Elmer C., commissioner, Massachusetts Rehabilitation Commis-

Baton, Robert E., president, Greater Hartford Advocates for Change,

Wethersfield, CT.

Batten, Lelia, Portland Coalition for Psychiatrically Labeled, Portland,

ME.

Beachman, Ken....

Blackmoor, Nancy, Harvard Dyslexia Society, Cambridge, MA

Blake, Eleanor, Fitchburg, MA.

Bloor, Sarah......

Brooks, James, paralegal, Disability Law Center

Campbell, Phillip, executive director, Association for Retarded Citizens of

Massachusetts

Caudre, Joseph, AIDS Advisory Board, State of Massachusetts
Cavanaugh, William, executive director, Ad Lib, Inc.

Chao, Matthew, legislative committee chair, Bay State Council for the

Blind, Newton, MA

Cohen, Stephen .......

Crawford, Charles, commissioner, Massachusetts Commission for the

Blind..

Dart, Justin W., Jr., chairperson, Task Force on the Rights and Empower.

ment of Americans With Disabilities

Davis, Speed, assistant director, Massachusetts Office of Handicapped

Affairs...

Deegan, Patricia, Northeast Independent Living Center, Laurence, MA .....

Domini, Virginia, Independence Unlimited.

Dorfer, Bill, Stratford, CT....

Downie, Susan, Springfield, MA..

Durkin, Ilona, Rocky Hill, CT..

Durkin, Nancy, executive director, CILSC, Inc., Stratford, CT.

Eichorn, Neil

Espling, Larry, Waltham, MA

Evans, Eugenia, Hartford, CT.

Fennessee, William, Rhode Island

Foley, Tim .....

Gorski, Sandy, Portsmouth, NH.

Griffin, Eric L., vice president, external affairs, National Council on

Independent Living .

Hanscom, Linda, chairperson, American Disabled for Accessible Public

Transportation, North Franklin, CT.

Harris, Edith, coordinator of Volunteers Disabilities Network of Eastern

Connecticut, Inc., North Franklin, CT....

Healy, Jean, director, Deaf-Blind Contact Center

Hoffman, Lynda.......

Horndt, Eileen Healy, executive director, Independence Northwest.

Husted-Jensen, Nancy, chairman, Governor's Commission on the Handi-

capped, Providence, RI.

Johnson, Barbara, Orono, ME
Johnson, Jerry, Names Project New England.
Johnston, Philip, secretary, Executive Office of Human Services.

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Statement of-Continued

Kappe, Cindy, Bridgeport, CT.......
Karuth, Denise, chair, Massachusetts Coalition of Citizens With Disabil-

ities...
Kennedy, Ted, Jr....
Knight, Bill, chairman, Greater Waterbury Consumer Action Forum
Koslowski, Stanley, assistant director, Office of Protection and Advocacy,

Hartford, CT.
Kyricos, Janet, Massachusetts
Lemelin, Shellie, Dover, NH.
Levin, Marilyn, supervisor, occupational therapy, Department of Mental

Health, Massachusetts...
Levine, Donald, president of Barry Independent Living Association,

Rhode Isalnd..
Long, Ruth, peer advocate counselor, Vermont Center for Independent

Living.
Lyons, Lisa.
Mallen, Joseph, Portsmouth, NH.
Marshall, Cathie, Nashua, NH
Marshall, Melissa, executive director, Disabilities Network of Eastern

Connecticut.
McCarthy, Mary, commissioner, Department of Mental Retardation
Miller, Cindy ..
Mills, Linda, Farmington, ME
Mulligan, Kathleen.....
Myette, Peter, Mayor's Commission on People With Disabilities, Boston,

MA..
Nelson, John, Washington, DC.
Nwojke, Emeka, assistant director, Northeast Independent Living Pro-

gram.
O'Day, Bonnie, executive director, Independent Center of Hampton

Roads, Norfolk, VA.
Oestreicher, Michael, director, Challenges Unlimited
Palotto, Patrick, editor, Bridgeport Telegram, Bridgeport, CT
Pelletier, Linda, Boston, MA..
Preneta, Ed, director, Connecticut Disabilities Development Office, East

Hartford, CT..
Price-Spivack, Marilyn, National Head Injuries Foundation
Reisken, Julie, community organizer, Connecticut Coalition of Citizens

With Disabilities
Rogers, Judy.
Roth, Marcie, supervising advocate, We Care
Sabatier, Charles, Norwood, MA
Smith, Eleanor
St. Larent, Robert, Worcester, MA
Sutton, Rima, service coordinator, National Multiple Sclerosis Society,

Manchester, NH
Teed-Wargo, Shelley, chairman, Connecticut Union of Disability Action

Groups
Telker, Ellen, attorney at law, Milford, CT.
Urban, Larry, director, Renaissance Club, Lowell, MA.
Viet, Diana, State office of handicapped affairs...
Waters, Barbara, Massachusetts.
Wein, Alan....
Williams, Bill, Brockton, MA.
Williams, Laurie, Manchester, NH..
Wood, Barbara Jean, Commissioner, Massachusetts Commission for the

Deaf and Hard of Hearing.

Zapun, Paul, executive director, Independence Unlimited, Hartford, CT.....
Prepared statements, letters, supplemental materials, et cetera:
Bartels, Elmer C., commissioner, Massachusetts Rehabilitation Commis-

sion, prepared statement of ...
Batten, Lelia, Portland Coalition for the Psychiatrically Labeled, pre-

45 99 52 38

65 220

74

193

80 35 131 100

114

69 48 200 219 132 206 218 127

25 85

20

175

pared statement of.
Beachman, Ken, prepared statement of
Blackmore, Nancy Y., prepared statement of..
Blake, Eleanor C., prepared statement of.......
Bloor, Sarah, prepared statement of

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Prepared statements, letters, supplemental materials, et cetera-Continued

Chao, Matthew, Bay State Council for the Blind, prepared statement of .....
Dart, Justin W., chairperson, Task Force on the Rights of Americans

With Disabilities, prepared statement of .......
Davis, Speed, assistant director, Office of Handicapped Affairs, Boston,

MA, prepared statement of ...
Domini,

Virginia, Independence Unlimited, Inc., prepared statement of .....
Dorfer, William, prepared statement of ...........
Dukakis, Hon. Michael S., Governor, Commonwealth of Massachusetts,

prepared statement of.
Durkin, Ilona, Connecticut Traumatic Brain Injury Association, Inc., pre

pared statement of. Durkin, Nancy E., Center for Independent Living of Southwestern Con

necticut, prepared statement of...... Espling, Larry, prepared statement of ............ Foley, Tim, prepared statement on behalf of the Massachusetts Develop

mental Disabilities Council... Griffin, Eric L., National Council on Independent Living, diary samples

submitted by ....
Harris, Edith, Disabilities Network of Eastern Connecticut, Inc., prepared

statement of .....
Healy, Jean, director, Deaf-Blind Contact Center, prepared statement of ...
Hoffman, Lynda N., prepared statement of ...
Horndt, Eileen Healy, executive director, Independence Northwest, pre

pared statement of
Husted-Jensen, Nancy, prepared statement on behalf of the Rhode Island

Governor's Commission on the Handicapped...
Johnson, Barbara, prepared statement of.
Johnston, Philip W., Secretary of Human Services, Commonwealth of

Massachusetts, prepared statement of ...
Karuth, Denise, Massachusetts Coalition of Citizens With Disabilities,

prepared statement of
Knight, Bill, Consumer Action Forum, prepared statement of..
Koslowski, Stan, assistant director, Connecticut Office of Protection and

Advocacy for Handicapped Persons, prepared statement of..
Kyricos, Janet M., prepared statement of.
Lemelin, Shellie, prepared statement of..
Levine, Donald, prepared statement of...
Lyons, Elisabeth H., prepared statement of...
Marshall, Catherine E., prepared statement of..
Miller, Cynthia L., prepared statement of .......
Mills, Linda J., prepared statement of .......
Mulligan, Kathleen, prepared statement of....
Myette, Peter J., Mayor's Commission on Persons with Disabilities,

Boston, MA, prepared statement of ..
Owens, Hon. Major R., a Representative in Congress from the State of

New York, prepared statement of...
Palotto, Patrick, prepared statement of.........
Preneta, Ed, director, Connecticut Developmental Disabilities Council,

prepared statement of .
Reisken, Julie, Connecticut Coalition of Citizens With Disabilities, pre-

pared statement of Roth, Marcie, Western Connecticut Association for the Handicapped and

197 62

97 108 134

42 129 122 162 158 179

211

53

65

75

Retarded, Inc., prepared statement of .....
St. Laurent, Robert, prepared statement of ...
Sutton, Rima, National Multiple Sclerosis Society, prepared statement of..
Teed-Wargo, Shelley, Connecticut Union of Disability Action Groups, Inc.,

prepared statement of
Telker, Ellen M., attorney at law, prepared statement of .
Urban, Larry, Renaissance Club, Inc., prepared statement of
Wein, Alan, prepared statement of...
Zapun, Paul, Independence Unlimited, Inc., prepared statement of...

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OVERSIGHT HEARING ON H.R. 4498, AMERICANS

WITH DISABILITIES ACT OF 1988

MONDAY, OCTOBER 24, 1988

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON SELECT EDUCATION,
COMMITTEE ON EDUCATION AND LABOR,

Boston, MA. The subcommittee met, pursuant to notice, at 10:13 a.m., in the Lafayette Hotel, 1 Avenue D'Lafayette, Boston, MA, Hon. Major R. Owens, presiding.

Members present. Representatives Owens, Moakley and Atkins. Staff present. Maria Cuprill and Jillian Evans.

Mr. OWENS. The Subcommittee on Select Education of the Education and Labor Committee will please come to order. I want to first begin by thanking my colleague, Congressman Chet Atkins, who has accepted temporary appointment to this subcommittee and our official hearing becomes 100 percent official as a result of that. Thank you very much for joining us this morning. Congressman Atkins, who is quite familiar to most of you, will give an opening statement later on.

Let me first welcome all of you here today as participants in a great celebration. We are here to celebrate the fact that a thorough and far-reaching piece of legislation has been introduced in the House of Representatives and the Senate. We are here to celebrate the fact that there is widespread agreement and consensus on this bill. We have strong bi-partisan support in both houses. And we also wish to highlight the fact that both of the candidates running for President have endorsed this legislation.

Our task today, and in the months ahead, is to guarantee that none of this monumental support is eroded. We must make certain that all parties understand the broad and massive support behind this bill. We know that there are strong forces of opposition waiting to ambush many of the provisions contained in this act. They will, of course, never acknowledge their deep-seated prejudices. We will hear, instead, endless complaints about the high costs of guaranteeing the rights of Americans with disabilities. We are here to clearly place upon the record some of the pain and misery caused by the failure to acknowledge these rights. We are here to document for the Nation some of the great losses the Nation suffers as a result of the failure to establish an environment which maximizes the opportunities for Americans with disabilities.

Our hearing today is an important step toward assuring that the final legislation will be as great as the present bill. If there is a clear understanding of the great empowerment movement behind this effort, Congress will act to produce a bill which is not shackled by weakening amendments, damaging compromises or gross distortions. We need your testimony in order to preserve the Americans With Disabilities Act as it is written. We all have good reason to believe that a bill will pass. But when the process is completed, we want to celebrate a final product as great as the proposal we have initiated.

The concern of today's hearing is discrimination on the basis of disability in America. The House Subcommittee on Select Education is the subcommittee responsible for independence-enhancing service delivery programs for people with disabilities, such as rehabilitation services, the Independent Living Center Program, and special education.

Today, I am here also as a proud sponsor of the Americans With Disabilities Act, H.R. 4498. I would like to take this time to congratulate and to thank the sponsors, Congressman Coelho, Senator Harkin, Senator Weicker, Senator Kennedy, and many others who also are cosponsors of this important piece of legislation.

It has been a very special year for people with disabilities. Congress recently passed legislation which extends protection under Federal housing law to people with disabilities. The Civil Rights Restoration Act, also passed by the Congress earlier this year, restored protections that had existed for people with disabilities under current federal law prior to the Grove City College versus Bell Supreme Court Decision in 1984.

But perhaps the events which have left the most lasting impression on myself and many others were those that took place at Gallaudet University in Washington, DC this spring. The paternalism and condescending attitudes which deaf people and people with all different kinds of disabilities have had to endure since time immemorial were never more apparent as when the then board chairman of the university told the students and the community that they must continue to wait for the selection of a deaf president to guide their great school. The students and faculty there empowered themselves with well organized and forceful advocacy and we now have as president of Gallaudet University the very distinguished Dr. I. King Jordan, who, like his constituents, is deaf. I believe that one day in the not so distant future we may well look back and come to see the events at Gallaudet University as the equivalent of the 1965 Civil Rights March in Selma, AL in the fight by minorities for their civil rights.

From this year onward, the history of empowerment for people with disabilities will be divided into two eras: before the Gallaudet rebellion and after the Gallaudet rebellion.

The crown jewel for the disability rights movement in the legislative arena, however, will be the enactment by the Federal Govern, ment of the Americans With Disabilities Act. This bill, which was introduced in April of this year, has attracted massive and bipartisan support, with 117 cosponsors in the House and 26 in the Senate. Not until all Americans with disabilities enjoy the full measure of civil rights protections will they truly be full citizens of the United States of America.

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