Downloadable 2018 Priorities Proposals Version

2018-CT-PUB-001
Author’s Name Andrew Straw
Seconded by Andrew Straw
Priority Title ADA Coordinator Retaliation
Priority ADA coordinators have retaliated against disabled people who made complaints, especially disabled lawyers who make complaints. This organization must be totally opposed to any ADA coordinator hurting any disabled person in any way whatsoever after having made a complaint.
Rationale Title V of The ADA and 28 CFR 35.134 both prohibit retaliation, but there is no specific language for ADA coordinators. Some ADA coordinators don’t believe that the ADA applies to them or limits them in their ability to retaliate against a complaint. Often these ADA coordinator’s double as government attorneys and they are conflicted, also causing them not to understand there is to be no retaliation for a complaint.
Fiscal Impact There is no fiscal impact, but the importance is extreme because every significant government entity at the state or local level that has an ADA coordinator will be impacted. It will help people with disabilities in all 50 states and create peace of mind that making a complaint will never result in retaliation of any kind whatsoever.
Board /HQ Response ADA already requires ADA coordinator to comply with the law. NAD will support current legislation as written.
2018-CT-EDU-001
Author’s Name Elizabeth Hill
Seconded by Robert Rice
Priority title National Parent Campaign
Priority With appreciation to LEAD-K for engaging in community organizing to address language acquisition by young deaf children, we also need to focus our energies on a campaign that reaches out to and educates parents who first learn that their newborn child is deaf. A national campaign is needed to recruit parents as allies to promote bilingualism – ASL and English – which will be another strategic prong in our fight to combat language deprivation.
Rationale NAD can look into a partnership with the American Society for Deaf Children (ASDC), #whyisign, or any other organizations, or choose to approach this independently. A national campaign to recruit parents that wholeheartedly support ASL/English fluency can then spread to the states in the form of parent organizations, in all 50 states, whose mission is to promote ASL. These parent chapters/organizations will then be available to serve as representatives on EHDI advisory councils, and advocate on the state level for legislative initiatives that promote bilingualism – ASL/English.
Fiscal Impact NAD HQ already has an education strategy team in place and it would make sense to utilize those resources towards this campaign. Of course, HQ can decide what resources to use as they best see fit.
Board /HQ Response NAD is in support of this proposal.
2018-CT-PUB-002
Author’s Name MDAD
Seconded by Dawn Schriver Moore
Priority Title Re-defining VRI Standards
Priority Strengthen the current NAD position statement on VRI in medical settings by:
1. Declare VRI to be NEVER appropriate for any face to face appointments or emergencies;
2. Clarify that VRI may be appropriate for intakes
Rationale We continue to see VRI used in medical situations where on-site interpreters are necessary especially more so when in situations where patients are not in ideal position to use VRI devices
Fiscal Impact None
Board/HQ Response HQ has worked to complete current standards on VRI usage. Policy doesn’t explicitly ban use of VRI but have exceptions – such as being in rural area. Currently there are lawsuits regarding use of VRI that may have systemic implications. Additonally NAD is in discussion with accreditation body – The Joint Commission to review policy implementation throughout the medical industry.
2018-CT-PUB-003
Author’s name MDAD
Seconded by Sean Markel
Priority Title Stadium/Arena Captioning
Priority Establish a clear guideline governing requirements for public captioning of all televisions (small and large screens) in stadiums and arenas.
Rationale Televisions in public spaces should be captioned – much more so in stadiums and arenas.
Fiscal Impact None
Board /HQ Response It is a universal need and NAD supports it
2018-CT-PUB-004
Author’s name MDAD
Seconded by Elspeth Sprenkle
Priority Title Open Captioning in Movie Theaters
Priority To continue push to make all movies accessible in movie theaters especially using open captioning format (not device-based access)
Rationale With more and more movies using digital format, it is easier to make movies accessible via open captioning on demand in public movie theaters so let’s push for that across the board access.
Fiscal Impact None
Board / HQ Response NAD supports the concept and has fought to change federal laws with no success. It may be more successful on state level, such as one implemented in Hawaii.
2018-CT-EDU-002
Author’s name MDAD
Seconded by Michele Westfall
Priority Title Joint Workgroup on Deaf Superintendent Recruit, Support, and Preservation
Priority To create a joint workgroup with CEASD to focus on creating a support structure to help deaf superintendent in deaf schools across the nation
Rationale With some deaf superintendents ousted recently, it has become evident that they do not have the support to perform their tasks (i.e., mentoring, training, and such); Also the workgroup can focus on recruiting new superintendents and preserving current superintendents in place.
Fiscal Impact Unknown
Board / HQ Response NAD supports the need for pipelines of future leaders. Currently CEASD has plans to roll out training programs for educators who want to become superintendents. NAD supports this concept and will work in collaboration to achieve this goal.
2018-CT-PUB-005
Author’s name MDAD
Seconded by Jay Croft
Priority Title Redefining WIOA
Priority To work with respective agencies in ensuring that deaf students continue to receive VR funding to attend colleges and universities (both in-state and out-state);
Rationale Recent passage of WIOA has resulted in many VR offices and agencies reducing funding to support deaf students attending colleges and universities: We need to protect our students and their access to funding by modifying existing guidance and make sure that deaf students continue to receive VR support.
Fiscal Impact Unknown
Board Response NAD currently is working with NTID/GU with developing a white paper on this topic. NAD is in support of this priority as other avenues need to be explored
2018-CT-PUB-006
Author’s name MDAD
Seconded by Mickey Morales
Priority Title ICD-10 & DSM-5
Priority To add language deprivation syndrome (LDS) to both ICD-10 & DSM-5
Rationale Current editions do not include language deprivation syndrome and in adding the syndrome to both manuals would allow families to receive services and have insurance companies cover services such as ASL classes or ASL language service (For example, deafness is classified in such a way that many insurance companies would pay for cochlear implants but not ASL classes). In adding LDS to both manuals, we could help expand ASL- based and other language-based services and have them covered by insurance companies.
Fiscal Impact Unknown
Board / HQ Response DSM-5 and ICD-10 are the work of their governing bodies. We support the diagnosis of Language Deprivation Syndrome being inserted in the next revision of their work. However, this process may exceed more than two years before changes happen.
2018-CT-PUB-007
Author’s name MDAD
Seconded by Sean Markel
Priority Title ASL as Official Language
Priority NAD shall work with the US Congress to make ASL an official language.
Rationale NAD has a position statement on ASL as a critical language for fostering education and language development but does not go far enough in pushing for ASL as an official language. Time is now.
Fiscal Impact None
Board Response US Congress does not support recognition of any official language. NAD continues to advocate for ASL at the state level.
2018-CT-GOV-00
Author’s name MDAD
Seconded by Michele Westfall
Priority Title To be or not to be a 501c3
Priority To explore into changing from 501c3 to 501c4
Rationale To look at the possibility of allowing use of NAD funding for political activities
Fiscal Impact None
Board / HQ Response NAD does not support this proposal. NAD currently obtains grants totaling more than 3 million dollars that are used to support the operations of NAD office. If changes were to occur, it would mean that we would not be eligible for many grants.
2018-CT-PUB-008
Author’s name Hartmut Teuber
Seconded by Cheryl Quintal
Priority Title Motion to refrain audistic terms
Priority We move that NAD in their written communications and face-to-face communications on behalf of NAD refrain the use of “hearing impaired/impairment”, “hearing disabled/disability”, “hearing loss”, “hearing/auditory/aural rehabilitation/therapy”, “[person] with disability”. Exceptions to this refraining of audistic vocabulary can be made when referring to historical contexts and quoting passages from certain publications.”
Moved by Hartmut Teuber, NAD Individual Member and MSAD member
Seconded by Cheryl Quintal, NAD Individual Member and MSAD member
Rationale It is time that we become consistent with our position that being deaf is not a defect, imperfection or even disease, when we speak to the public. We would contradict the position when we use those vocabulary as listed above. We may talk about being “deaf” (or “hard-of-hearing” in certain contexts) and be proud of it, because we created a distinct visually based culture with a language that is different from any spoken language; therefore the word has become an ethnic term. Our inability to hear should not enter or its value be reinforced in the minds of hearing people by our use of the audistic vocabulary. It is part of language reform to free English of audistic vocabulary, similar to other oppressed groups seeking to remove sexist, homophobic and racist vocabulary. The motion only applies only to those speaking or writing on behalf of NAD. It is not binding to those in private communications, nor for state associations to adopt.

Further explanation for the intent of the motion is available upon request from the mover of the motion.

Fiscal Impact None
Board / HQ Response NAD is actively fighting for appropriate use of terms of “Deaf and Hard of Hearing” as required in our position statement.
https://www.nad.org/about-us/position-statements/guidelines-for-media-portrayal-of-the-deaf-community
2018-CT-PUB-009
Author’s name David Bahar
Seconded by Corey Axelrod
Priority Title Restoring the Deaf community’s confidence in the sign language interpreting profession by strengthening our partnership with interpreters.
Priority The goals of this motion are threefold:
(1) bring the NAD-RID Code of Professional Conduct for sign language interpreters up to the expectations of the Deaf community; and

(2) establish a clear and public timeline for updating and restoring sign language interpreting certification programs, including the NIC, Ed K-12, SC:L, and CDI; and

(3) developing a position statement on the minimum standards for Federal, state, local and institution-wide regulations and policies.

Before the next NAD Board meeting in January, the NAD shall reach out to the Registry of Interpreters for the Deaf (RID) and share their intent to address the aforementioned issues, and invite a collaborative process.

By the next National Leadership Training Conference (NLTC), the NAD shall:

(1) identify community organizational partners and individuals to collaborate with in pursuing this priority; and

(2) create and widely distribute an ASL video and written white paper describing the reasons for pursuing this priority.

(3) create and widely distribute a timeline implementing strategies to achieve this priority.

Before the next NAD Conference, the NAD shall:

(1) pursue changes to an updated NAD-RID CPC and develop educational material for the Deaf community in ASL distributed via social media channels; and

(2) create and disseminate collateral that explains how to best collaborate with sign language interpreters in a positive and productive manner; and

(3) report on its progress in advocating for the restoration and updates of RID credentials that were offered prior to the moratorium; and

(4) publish its position statement on minimum standards for sign language interpreting on the NAD website along with supplemental information for state associations, non-profits, and other advocacy entities on the best strategies to support and implement these standards.

Rationale The Deaf community’s’ success as a collective body is directly tied to the success of the sign language interpreting profession. The areas of certification, ethics enforcement, and minimum standards for sign language interpreters are the foundational base for building a strong sign language interpreting profession. For years, these three areas have been lacking the action and advocacy that will make the difference that our community wants, and needs.

As examples of the importance of this multipronged priority, over the last several years, due to ambiguity regarding the status of the National Interpreting Certification (NIC), insufficient interpreters have become eligible to work in several states in which the only sign language interpreting credential recognized is the NIC.

The moratorium which currently persists with the SC:L and the CDI also means that there are no new interpreters entering the field who are certified in legal interpreting or Deaf interpreting. If these moratoriums are not addressed and these credentials restored, the Deaf community will suffer increasing harm.

With educational interpreters serving as language models for mainstreamed Deaf students throughout the United States, there is a fundamental need to address the challenges in defining a professional sign language interpreter in this setting. The prior credential created a number of problems that went unaddressed for years. We need to agree upon the need to continue the ED K-12 credential with sign language interpreters and determine the best way to assess the qualifications of these interpreters.

Finally, cases in which hearing sign language interpreters have provided testimony in court that has had the ultimate result of harming a Deaf individual, or in some cases, the Deaf community as a whole, bring attention to the need to revise the CPC to cover actions taken outside of interpreting work.

Fiscal Impact We believe that this priority can be accomplished using staff time and no additional resources outside of committee volunteers and potentially travel expenditures for these volunteers.
Board / HQ Response NAD supports goals 1 and 3 and is neutral on goal 2.
2018-CT-PUB-010
Author’s name Corey Axelrod
Seconded by Jason Altmann
Priority Title United States Access Board Guidelines and Standards
Priority The NAD shall reinforce the need for improved communication access and collaborate with other
organizations to:
1) Develop and distribute a survey to the Deaf community to evaluate and determine how pervasive the existing barriers are due to lack of accessible communication and alert devices (videophones, fire alarm with light strobe, emergency alert message boards, LED message boards, etc) in buildings.

2) Taking the survey results into account, analyze the United States Access Board’s existing guidelines and standards; and

3) Determine a plan of action which could include working with the United States Access Board to determine whether or not the existing guidelines and standards need to be revised, developing and executing outreach materials to educate the Deaf community on how they can hold entities and organizations accountable and taking on legal cases that will create a legal precedent in holding entities and/or organizations accountable in implementing accessible communication and alerting devices in their facilities.

Rationale As an independent federal agency promoting equality for people, the United States Access Board is responsible for developing and maintaining design criteria, providing technical assistance and training, as well as enforcing accessibility standards. Serious accessibility issues continue to remain with numerous buildings unable to provide adequate visual alerting system for inclement weather such as tornadoes and active shooter situations. Furthermore, many public transit systems and airports do not have LED boards available to transmit public announcement messages in an accessible manner. NAD will be well served to conduct a survey with the Deaf community to identify the particular entities or organizations that are frequently inaccessible and determine how to best work with the United States Access Board to figure out the best course of action to address this issue.
Fiscal Impact This priority can be accomplished using staff time and no additional resources outside of board/committee members.
Board / HQ Response The NAD has been advocating across all federal agencies ways to improve implementation of all such listed communication access devices in all areas of life. Surveys are helpful in securing unknown data to influence federal policy, however, when the lack of such access is obvious and apparent, our efforts are not on proving a need as agencies are aware of the need but persuading federal agencies to change laws and regulations to address what is needed.
2018-CT-PUB-011
Author’s name Robert Rice
Seconded by Washington, DC Association of the Deaf (DCAD)
Priority Title Develop Strategic and Action Plans for Addressing Domestic and Sexual Violence in the Deaf Community
Priority NAD staff will collaborate with existing nationwide organizations addressing domestic violence, leverage existing materials and determine how to best disseminate appropriate information at the national level.
Rationale New and recent campus statistics from Gallaudet University, NTID and other schools regarding sexual assault are alarming and demonstrate a critical need to address what has become a community-wide epidemic.

Further, data from a survey of college students at Rochester Institute of Technology indicates that Deaf and hard of hearing individuals are 1.5 times more likely to be victims of relationship violence including sexual harassment, sexual assault, psychological abuse and physical abuse in their lifetime.

Deaf victims of domestic violence often face unique circumstances:

  • Information can travel quickly within a Deaf, DeafBlind or hard of hearing community, compromising confidentiality and the victim’s safety.
  • Law enforcement and shelters are often not skilled at communicating with Deaf, DeafBlind or hard of hearing individuals and often don’t have interpreters.
  • Their abusive partners may take away their communication devices.
  • Their abusive partners may give false information to the victim to make them believe they have fewer options.
  • The victim may be isolated from family, friends, services, resources and options.

According to DeafHope these are some examples of what victims face and the tactics abusive partners use to abuse the Deaf:

  • Intimidation through gestures, facial expressions, or exaggerated signs, floor stomping and pounding on the table or door
  • Signing very close to a victim’s face when angry
  • Criticizing the victim’s American sign language (ASL) skills or communication style
  • Not informing the victim when people try to call on the phone or try to catch their attention
  • Excluding the victim from important conversations
  • Leaving the victim out in social situations with hearing people
  • Talking negatively about the Deaf community
  • Wrongly interpreting to manipulate the situation if the police are called Not allowing children to use ASL to talk with the victim
  • Not allowing children to be proud of Deaf culture
  • Criticizing the victim’s speech and English skills.
Fiscal Impact The NAD Youth Strategy team in conjunction with Outreach committee and LGBT section would collaborate with nationwide domestic violence organizations. Moderate.
Board Response NAD respects and supports the efforts of these following organizations who are working towards this goal. Deaf Anti-Violence Coalition (DAVC), Vera Institute, Deaf Technical Assistance Program, and local DV/SV organizations in promoting the need to remove violence in deaf community.
2018-CT-PUB-012
Author’s name Robert Rice
Seconded by Washington, DC Association of the Deaf (DCAD)
Priority Title Establish Nationwide Retirement Communities for Deaf Senior Citizens
Priority NAD shall design, develop and implement a strategy leading to the establishment of Deaf retirement communities providing accessible independent living, assistive living and nursing facilities for Deaf senior citizens.
Rationale The feeling of safety is especially prized during one’s golden years. And even more so within the underserved American Deaf senior community.

” “According to the National Institutes of Health (NIH), 30 percent of adults 65-74 years old and 47 percent of adults 75 years old or older, have hearing loss. A significant percentage of those subsets are Deaf. ” ”

The establishment of retirement communities exclusively for the American Deaf senior community will enable residents access to accessible and specialized retirement and medical facilities, staff who are fluent in American Sign Language and continued, full participation in the American Deaf community.

” “However, the Federal government has asserted that senior citizen facilities built specifically for Deaf communities violate federal housing discrimination rules. ” ”

Ideally, the Deaf senior citizen community will benefit from a Congressional authorization that establishes Federally-funded retirement communities for the Deaf and in the same manner and spirit as the Education of the Deaf Act (Public Law 99-371, as amended) which authorized the creation and continued funding of Gallaudet University and the National Technical Institute for the Deaf (NTID).

Further, data from a survey of college students at Rochester Institute of Technology indicates that Deaf and hard of hearing individuals are 1.5 times more likely to be victims of relationship violence including sexual harassment, sexual assault, psychological abuse and physical abuse in their lifetime.

Deaf victims of domestic violence often face unique circumstances:

  • Information can travel quickly within a Deaf, DeafBlind or hard of hearing community, compromising confidentiality and the victim’s safety.
  • Law enforcement and shelters are often not skilled at communicating with Deaf, DeafBlind or hard of hearing individuals and often don’t have interpreters.
  • Their abusive partners may take away their communication devices.
  • Their abusive partners may give false information to the victim to make them believe they have fewer options.
  • The victim may be isolated from family, friends, services, resources and options.

According to DeafHope these are some examples of what victims face and the tactics abusive partners use to abuse the Deaf:

  • Intimidation through gestures, facial expressions, or exaggerated signs, floor stomping and pounding on the table or door
  • Signing very close to a victim’s face when angry
  • Criticizing the victim’s American sign language (ASL) skills or communication style
  • Not informing the victim when people try to call on the phone or try to catch their attention
  • Excluding the victim from important conversations
  • Leaving the victim out in social situations with hearing people
  • Talking negatively about the Deaf community
  • Wrongly interpreting to manipulate the situation if the police are called
  • Not allowing children to use ASL to talk with the victim
  • Not allowing children to be proud of Deaf culture
  • Criticizing the victim’s speech and English skills
Fiscal Impact The Public Policy Committee and the Law and Advocacy Center would execute in tandem with the NAD Senior Citizens section and the Deaf Seniors of America (DSA) organizational affiliate.
Board / HQ Response While NAD has limited resources it would be difficult to design, develop, and implement strategy leading to program establishment addressing the needs of Deaf Senior Citizens. NAD supports creation of policies, models of best practices regarding the accessible environment for our Deaf Senior Citizens.
2018-CT-PUB-013
Author’s name Rachelle Settambrino
Seconded by Kelly Leeper
Priority Title Sign Language Interpreters and Interpreting Agencies Rating System.
Priority Sign Language Interpreters and Interpreting Agencies Rating System proposes to establish an online destination for sign language interpreter(s) and agencies. The main objective of the rating system is to provide transparency and accountability for all parties involved in the sign language interpreting process- the interpreter, the consumers (both deaf and hearing parties) and interpreting agencies.

Consumers of sign language interpreting services will be able to use this site to quickly research and review the rating(s) of interpreters and interpreting agencies across the United States. Within the system, consumers (both deaf and hearing) can not only review the past and current rating of the interpreter and/or interpreting agency, but also provide comments and a rating. That allows the consumer to make a fully informed decision in choosing the most qualified interpreter for his/her communication/language needs.

An example of rating would include the following criteria:

Interpreter/Interpreting Agency Classifications:

  • Qualified
  • Professional
  • Reliable
  • Reasonably Priced
  • Certified
Rationale Specific (simple, sensible, significant)
Rate the interpreting agencies is the online destination for interpreter and agency ratings.

This online site is to design to collect data to track the outcomes – this data is necessary to provide justification for further research, future legislation and requirements.

Measurable (meaningful, motivational)
The interpreting users are able to use this site for quickly researching and rating interpreters and interpreting agencies across the United States.

Data Collection: We can measure interpreter’s overall performances including the code of professional conduct and other principles following these criteria:

  • Adhere to standards of confidential communication
  • Possess the professional skills and knowledge required for the specific interpreting situation
  • Conduct themselves in a manner appropriate to the specific interpreting situation -Demonstrate respect for consumers
  • Demonstrate respect for colleagues, interns, and students of the profession
  • Maintain ethical business practices
  • Engage in professional development

(RID. 2018. Code of Professional Conduct. retrieved from https://www.rid.org/ethics/code- of-professional-conduct/)

Achievable (agreed, attainable)
Those interpreting users can comment on and rate the interpreter and/or interpreting agency to ensure by helping the others by choosing the best quality of interpreter and/or interpreting agency.

Relevant (reasonable, realistic, and resourced, results-based)
Also, this rate site can help clients to checking in to figure out who’s a great interpreter and/or interpreting agency and who’s one you might want to avoid.

Time bound (time-based, time limited, time/cost limited, timely, time-sensitive)
There is no time limited; however, it may cost from $0 to $1,000 a year, it depends on which website we use. We may need to hire a website designer to develop the website or have an internship to work on this project.

Fiscal Impact The immediate fiscal impact lies with the need to develop and build the website. The long- term impact would lie with the need to operate and maintain the website. NAD can do so through grants, and set up a line item to fund the website and its operations – can be blended in the current NAD website
Board / HQ Response NAD supports accreditation of agencies and currently have an task force underway to address these concerns raised in this priority.
2018-CT-EDU-003
Author’s name Kavita Pipalia
Seconded by Dr. Flavia Fleischer
Priority Title Lead-K
Priority training and collect Data
Rationale to support deaf children’s language development
Fiscal Impact small portion on budget for this training.
Board / HQ Response California Association of the Deaf (CAD) will communicate with their stakeholders and provide an amended version on the floor at Council of Representatives (COR).
2018-CT-PUB-014
Author’s name Roz Rosen
Seconded by Alice Hagemeyer
Priority Title Guidelines for Library and Information Services for the American Deaf Community (Deaf Guidelines)
Priority NAD Involvement in Deaf Guidelines
Rationale American Library Association (ALA) has been updating Deaf Guidelines for over 30 years; this time it should work for all in this digital age with technology and diversity.

Most ALA members, libraries and library friends already acknowledge that deafness does not discriminate; that children (from cradle to grave) should be exposed to the deaf from deafhood to literary to technology to political cultures. And that Deaf Grassroots have been struggling to find the solution for CEJ (Communication, Education and Jobs) and the deaf need to become resourceful about the NAD and other organizations serving the American Deaf Community (OSDeaf) for shared resources and networking.

To support members of ALA and its 11 Divisions on their work progress on Deaf Guidelines and share what they will be learning about the library of the future with the NAD and American Deaf Community back home. (like Alice and her library colleagues have been doing for many years as volunteers). NAD already has a history with ALA since 1976 and FOLDA.

Fiscal Impact Minimal. NAD Deaf Culture and History/Library section to work with other sections as appropriate, to appoint and support two qualified NAD members (must be already member or will join ALA) to represent NAD at the annual conference and midwinter meeting. ALA will meet in Seattle January 25-29, 2019 and in Washington, DC June 20- 25,2019.
Board / HQ Response NAD is neutral on this priority.
2018-CT-PUB-015
Author’s name Alan Parnes
Seconded by John Fechter, President MADC
Priority Title Reducing the Order Of Selection Barrier for Deaf Vocational Rehabilitation service applicants
Priority NAD needs to work with the federal RSA (Rehabilitation Services Administration) to change how a deaf person’s “Severe Functional Limitations” qualifies the VR applicant for services.
Rationale As far back as 1970, RSA had classified deafness as “Severely Disabled” qualifying most deaf people for VR services. With the implementation of the “Order of Selection” system that is still currently in use, deaf people more often than not are unable to demonstrate sufficiently severe functional limitations to qualify for VR services. The OOS system inadvertently minimizes the true degree and scope of functional limitations experienced by deaf VR applicants. There is a need for a change in the OOS system to provide a more realistic assessment of the severe impact of deafness. It would be suggested that of the 7 categories of severe functional limitations, that communication be given more weight, instead of just counting that category as equal to the others. Otherwise, the other categories need to include something that applies to deafness, such as what is now possible, using interpersonal skills, which includes “isolation” as a choice. There have been recent changes in the OOS that seem to make it harder for VR counselors to find sufficient severe functional limitation choices to help qualify VR applicants. Further, the VR counselor for the deaf can have a different interpretation of severe functional limitation than the members of the VR administration team, who evaluate the choices that counselors make.
Fiscal Impact Some staff time as well as volunteer committee or task force member involvement might be involved, depending on how NAD decides to move forward with this proposed priority
Board / HQ Response Would like to have this proposal merge from PUB-005 – however Authors felt at this time it wasn’t recommended.
2018-CT-PUB-016
Author’s name David Bahar / MDAD
Seconded by Corey Axelrod / Darren R. Smith
Priority Title Campaign to spotlight the oppression of Deaf people within the justice system
Priority The NAD shall collaborate with other organizations to create a campaign to:

(1) create awareness about the lack of communication access in interactions with police officers and throughout the justice system the United States and the adverse impact such lack of communication access has on the Deaf community; and

(2) create awareness about the lack of communication access in state and federal correctional facilities across the United States and the adverse impact such lack of communication access has on the Deaf community; and

(2) spotlight current, ongoing efforts to promote equal access to the justice system for the Deaf and hard of hearing; and

(3) take actions to combat the perception that the Americans with Disabilities Act and Rehabilitation Act do not apply to Deaf people who are serving a prison sentence; and

(4) create a national training for law enforcement on working with Deaf, Deaf Person of Color, and underprivileged Deaf Citizens

Within six months of the conclusion of the NAD’s Biennial Conference in Hartford (“Hartford”), the NAD shall identify community organizational partners and individuals to collaborate with in pursuing this priority, and shall begin developing the campaign.

Within one year of Hartford, the NAD and its collaborating community organizational partners and individuals shall launch the campaign to spotlight the oppression of Deaf people in the justice system.

Rationale Anyone can be arrested at any time. Deaf and hard of hearing (“Deaf/HH”) people in particular are at higher risk of being wrongfully arrested or injured by police officers where communication access is not present. With alarming frequency, Deaf/HH individuals are arrested without access to an interpreter, booked into jail without access to an interpreter, and moved through the justice system not knowing what is happening or why they have been detained or imprisoned.

Robert Rapa, after being robbed, flagged down a police officer and tried to explain with gestures that he had been robbed and showed the police officer where the robber went. The police officer did not call for a sign language interpreter, but pursued the robber. After catching the robber, the police officer spoke with her; the robber claimed that Robert assaulted her. Without calling for a sign language interpreter or trying to communicate with Robert, the police officer arrested Robert and brought him to jail. Robert, who was 65 years old at the time, and has Parkinson’s disease, could not communicate with the police officer or jail staff that he needed to take Parkinson’s medication every three hours. His shaking from Parkinson’s got so bad, the police officers brought him to the hospital, but did not get him an interpreter there or upon his return to jail. He was so traumatized by the incident that he sued both the police department and the hospital.

Joseph Heard was in St. Elizabeth’s Hospital when he was found not competent to stand trial for a unlawfully entering a law school building. A judge ordered him to be released from the hospital. However, he was brought to jail by U.S. marshals. Jail officials determined that he should not be in jail and that he should be released. Joseph spent another 669 days in jail because no one communicated with him that he was free to go, in an accessible manner.

Stephen Brodie was arrested by police for stealing quarters from a soda machine when the police questioned him about the abduction and sexual assault of a child. Stephen was interrogated by the police, at times without a sign language interpreter present, for 18 hours over eight days. Stephen confessed to committing the crime, plus other crimes made up by the police, because he felt intimidated and coerced to do so. Faced with a possible 99-year sentence, Stephen pled guilty and received a 5-year sentence. After serving his term, he remained in prison because he refused to register as a sex offender. It was later discovered that the police had hair and fingerprint evidence from the crime scene that matched a different man who had assaulted other victims in the area. In 2010, a Texas District Court judge vacated Stephen’s conviction on the grounds of actual innocence and he became the very first deaf exoneree in the United States.

Stories like Robert’s, Joseph’s, Stephen’s, and others, including the beating of Pearl Pearson, the killings of Magdiel Sanchez and Daniel Harris, and countless others, highlight a grave injustice in the American justice system, where people with disabilities, including Deaf and hard of hearing people, are massively overrepresented. A special report by the Bureau of Justice Statistics shows that 50% of women in jail, and 40% of men, have a disability. Many of these are Deaf people, but jails and prisons do not count, or do not care to count, how many Deaf people are incarcerated.

Jails and prisons are required to comply with the Americans with Disabilities Act and the Rehabilitation Act, but often do not. Contrary to popular misconceptions, Deaf individuals do not lose their rights to reasonable accommodations and equal access to programs, services, and activities once they are incarcerated.

Despite progress made through successful lawsuits against state and federal correctional facilities, some of which were brought about by NAD, Deaf individuals who are imprisoned continue to be denied access to hearing aids, sign language interpreters, captioning, education, prison programs, and videophones. They are also disproportionately punished with solitary confinement, often under the guise of protecting them from harm by other inmates.

By creating a collaborative relationship with other organizations to raise awareness about this issue, the campaign has the potential to reach a greater number of people, spark discussion, and motivate the public and the Deaf community to spotlight the oppression of Deaf people in the justice system and drive change towards achieving equal access to the justice system.

Fiscal Impact We believe that this priority can be accomplished using staff time and no additional resources outside of committee volunteers and potentially travel expenditures for these volunteers.
Board / HQ Response Board is in favor of the proposed merged format of two previously submitted proposals.