WISE Webinar

WISE Webinar in English
Thousands of Supplemental Security Income (SSI) and Social Security
Disability Insurance (SSDI) beneficiaries have learned how to stay in
control of their benefits while enriching their lives through employment. You can too. Join us for a FREE Work Incentive Seminar Event (WISE) Webinar!

WISE Webinars provide you and your family the opportunity to learn how to take advantage of Social Security Work Incentives, including Ticket to Work.

Meeting Date: Wednesday, September 29, 2010
Meeting Time: 3:00 - 4:30 pm (Eastern Time)
Meeting Name: National WISE Webinar
Meeting Location: Online
Contact's Phone: 877-743-8237
Contact's Email: wise@cessi.net
Hosting organization: PMRO
Meeting Directions:

Thousands of Supplemental Security Income (SSI) and Social Security
Disability Insurance (SSDI) beneficiaries have learned how to stay in
control of their benefits while enriching their lives through employment. You can too. Join us for a FREE Work Incentive Seminar Event (WISE) Webinar!

WISE Webinars provide you and your family the opportunity to learn how to take advantage of Social Security Work Incentives, including Ticket to Work.

To register go to: http://www.cessi.net/wise/Register.aspx?StateCode=NW

Angelo Anthony Palazzo

Angelo Palazzo (1917 - 2010)

Funeral services for Mr. Angelo Anthony Palazzo, 93, will be held at 11 a.m., Thursday, September 23, 2010 at the Sibille Funeral Home in Opelousas, who passed away Monday, September 20, at his residence.
Interment will follow in Bellevue Memorial Park in Opelousas. Monsignor Keith DeRouen, Pastor of Our Lady Queen of Angels Church will be the Celebrant of the Funeral Mass.
Deacon Sammy Diesi will preach the Homily.
Mr. Palazzo was born in New Orleans, LA on June 13, 1917. He lived the majority of his life in Braithwaite, LA before moving to Opelousas in 2001 to be near his loving family and friends.
Mr. Palazzo was a loving husband, father, grandfather and great-grandfather. He lived the most full and beautiful life. There is nothing he couldn't do or wouldn't try. His energy and determination were relentless. He had a green thumb and everything he touched grew into something wonderful. He took such pride in the things he planted or built. His hands, which were his windows to the world, opened so many doors for him. He is well known for his grand smile, most generous heart and loyalty to everyone who was fortunate to be touched by his life. His faith kept him strong and genuine.
Survivors include, one daughter, Alice Palazzo Morrow and husband, Patrick C. Morrow, of Opelousas; three grandchildren, P. Craig Morrow, Jr. and wife, Nicole B. Morrow; Celeste M. Morrow; Charlotte M. Moreau and husband, AI Moreau III; seven great-grandchildren, Courtney, Tyler, Savannah, and Blair Morrow; Ava Grace, Aidan and Luke Moreau, as well as numerous nieces, nephews, friends and neighbors.
Mr. Palazzo was preceded in death by his wife of 65 years, Julia Alice McCabe Palazzo; his parents, Dominic and Mary Marino Palazzo; and four sisters, Lucy P. Gremillion, Lena P. Trumbaturi, Myra P. Foch, and Carolyn "Dolly" P. Burge.
Visiting hours will be observed at the Sibille Funeral Home of Opelousas, Thursday, September 23, 2010 from 8 a.m. until time of mass at 11 a.m.
A rosary will be held at 10 a.m. on the day of the service.
In lieu of flowers, donations can be made to The Catholic Deaf Action Center, 1408 Carmel Avenue, Lafayette, LA.
The family would like to thank the following people for their endless support, help and care in Angelo's later years: Wayne and Ginger Doucet, Chantel Lemaire, Virgie Edmond, Patsy Bullara, Msgr. DeRouen, Sammy Diesi, Donald Rome and the staff of Morrow, Morrow, Ryan and Bassett.
Words of comfort to the family may be expressed at www.sibillefuneralhomes.com.
Funeral arrangements have been entrusted to Sibille Funeral Home of Opelousas.

Published in the The Advertiser & Daily World on September 22, 2010

LRS 2010 STATE PLAN PUBLIC MEETING LOCATIONS

LRS 2010 STATE PLAN PUBLIC MEETING LOCATIONS

Louisiana Rehabilitation Services (LRS) is the state agency that administers the public Vocational Rehabilitation Program for persons with disabilities in Louisiana.

Effective July 1, 2010 LRS was transferred to the Louisiana
Workforce Commission from the Department of Social Services.

As a result of this transfer, the 2011 State Plan must be revised.

LRS will hold statewide public meetings to inform you of the revisions and provide an opportunity for you to express your views, opinions, concerns and comments.

Date & Time Location

Thursday, August 19th, 2pm-4pm NEW ORLEANS
UNO - Oliver St. Pe/TRAC Building
2000 Lakeshore Drive, Conference Room 101

Friday, August 20th, 1pm-3pm BATON ROUGE
LRS Regional Office
3651 Cedarcrest Avenue, Conference Room

Monday, August 23rd, 10am-12pm MONROE
LRS Regional Office, State Office Building
122 St. John Street, Conference Room

Monday, August 23rd, 2pm-4:pm SHREVEPORT
LRS Regional Office
1525 Fairfield Avenue, Conference Room

Tuesday, August 24th, 10am-12pm ALEXANDRIA
LRS Regional Office
900 Murray Street, 1st Floor Conference Room

Wednesday, August 25th, 10am-Noon LAKE CHARLES
LRS Regional Office,
3616 Kirkman Street, Conference Room

Wednesday, August 25th, 2pm-4pm LAFAYETTE
LRS Regional Office, Conference Room
Brandywine VI, 825 Kaliste Saloom Road

Thursday, August 26th, 2pm-4pm THIBODAUX
LRS Regional Office
1442 Tiger Drive, Conference Room

Interpreters for deaf/hard-of-hearing will be available at all sites.

We look forward to seeing you and invite your participation. Comments
will be recorded.

If you are unable to attend but would like to provide comments, you can send written comments through September 3, 2010 to the
following:

LRS Public Meetings, P.O. Box 91297, Baton Rouge, LA 70821-9297.

Authorities investigate raffle tickets scam

Authorities investigate raffle tickets scam
STAFF REPORTS • APRIL 28, 2010
A deaf woman posing as a representative of the Deaf Action Center of Louisiana is selling phony raffle tickets door to door for $5 each, Executive Director David Hylan said.
He's alerted the Caddo sheriff's office of the scam and is passing along information to the agency's white collar crimes division.

After learning of the scam, Hylan sent out e-mails to members of the center's Facebook group warning of the scam and describing her as a short, white woman.

Deputies are working to determine how many tickets were sold. If you were sold or offered a ticket, call deputies at (318) 425-7781.



http://shreveporttimes.com/article/20100428/NEWS03/100428012/Authorities-investigate-raffle-tickets-scam

Bernard C. Hankel

Bernard C. Hankel


A resident of Baton Rouge and native of New Orleans, he passed away Wednesday, April 21, 2010, at Baton Rouge Rehabilitation Hospital at age 81. He retired as a printer from LSU, where he worked for 30 years. The family will receive friends at St. Francis de Sales Catholic Deaf Church, Baton Rouge, on Saturday, April 24, starting at 8 a.m. with recitation of the rosary at 9 a.m. and service at 10 a.m., conducted by the Rev. Vincent Dufrense. Mr. Hankel will be laid to rest in Resthaven Gardens of Memory, 11817 Jefferson Highway, after the services. He is survived by his wife of 12 years, Rita B. Hankel; sister, Rose Lea, of Baton Rouge; brother, Alvin Hankel and wife Barbara, of Slidell; brother-in-law, Alvin "Yup" Neeb, of Metairie; two stepsons, Robert "RJ" Bergeron, and Jeff Bergeron and wife Alecia, both of Baton Rouge; two stepgrandchildren, Felicia Bergeron, of Baton Rouge, and Jesse Bergeron and wife Winnie, of Coconut Creek, Fla.; great-grandson, Skye J. Bergeron; and numerous nieces and nephews. Preceded in death by his first wife, Juanita Duhon; parents, Bernard Sr. and Gertrude Hankel; two sisters, Gertrude Bourgeois and husband Clarence, and Marie "Butsie" Neeb; and brother-in-law, Charles Lea. He was a member of Baton Rouge Association of the Deaf, Louisiana Association of the Deaf and International Catholic Deaf Association Chapter 21. Special thanks to Anna Gremillion for always being available when the family needed help. Bernard was dearly loved and will be greatly missed. We are blessed to know that he has gone home to be with the Lord. Arrangements by Rabenhorst Funeral Home.

http://www.legacy.com/obituaries/theadvocate/obituary.aspx?n=bernard-c-hankel&pid=142127246
Published in The Advocate on April 23, 2010

Emergency Preparedness Videos in ASL

The following link has 18 emergency preparedness videos in ASL. These were developed last year Deaf Link, Inc.

http://www.accessibleemergencyinfo.com/aslvideos.html

Deaf Night Out in Lake Charles, LA

LA Deaf Connection Deaf Night Out - South Louisiana - Saturday, April 10 at Frosty Factory from 8:00 PM to 2:00 AM,
4688 Common Street, Lake Charles, LA 70607
http://www.frostyfactoryclub.com/

Other details: Come join us for our first DNO in Lake Charles!
This place has a little of EVERYTHING for EVERYONE to enjoy- beer, daiquiris, cocktails, pool tables, TVs.......Come one, Come all!!!!

The Frosty Factory of Lake Charles - Welcome
www.frostyfactoryclub.com

Educational Interpreter Workshops

Educational Interpreter Workshops

The State Department of Education is sponsoring several workshops for educational interpreters.

Sign to Voice Interpreting: Interpreting for Child Signers
April 17, 2010 from 10:00 a.m. until 2:00 p.m.
An Educational Interpreter Performance Assessment (EIPA) Videoconference Workshop will be held at the Claiborne Building in downtown Baton Rouge. There is no registration fee and there is no lunch break (you may bring a lunch if you wish). For more information, please contact Melodie Sparks at 225-342-3661.

This video conference will focus on what skills are necessary to be able to effectively interpret for child signers. We will look at a variety of child signers and identify the differences in their communicaiton styles and how to approach the S-V task during the EIPA assessment process. We will provide strategies for coping when information is missed and what to do to prepare to take the S-V portion of the EIPA.

Educational Interpreter Mentor Training
Thursday, June 10, 2010
This training is by invitation only. This one-day training opportunity is designed for mentors of educational interpreters (state mentor and district lead interpreters). If a district has lead interpreters who would like to be trained but have not been invited, they may contact Melodie Sparks at 225-342-3661. This training will address a variety of skills for mentoring interpreters through the tenets of the EIPA such as space, classifiers, key vocabulary and fingerspelling. Use of prosody in interpretation will be the overriding focus of the workshop.
Registration is from 8:30-9:00; workshop is from 9:00 - 4:00 with an hour for lunch, which is on your own. No registration fee.

Educational Interpreter Training
Friday, June 11, 2010 - Claiborne Building, Baton Rouge
This one-day workshop will focus on voicing and noticing opportunities to give voice to your students. Discussion will focus on when to voice, how to voice and what to do with gestures, emotions, sounds, etc. Denise Crochet, a nationally certified interpreter and one of our state mentors, will be presenting.
Registration is from 8:30-9:00; workshop is from 9:00 - 4:00 with an hour for lunch, which is on your own. No registration fee.

Signing Exact English
July 12-16, 2010. Site TBD but will be in Baton Rouge
The SEE Center presents a weeklong workshop for educational interpreters who use SEE. Five instructors work for a week with interpreters of all skill levels. Focus on fingerspelling, grammar, vocabulary and a variety of skills designed to improve the skills of classroom interpreters.

For more information about any of these workshops, contact Melodie Sparks. Her phone number is 225-342-3661

LA Deaf Connection

There are several ways to join/subscribe LA Deaf Connection!

1. Email me at ladeafconnection@gmail.com and request for me to add your email address to our listserve. It will be kept private and will not share with others. You will get the news every time I send out.

2. Join Facebook at La Deaf Connection http://www.facebook.com/pages/Baton-Rouge-LA/LA-Deaf-Connection/143790095174 Be a fan.

3. Join Twitter at http://twitter.com/ladeafconxion

4. Join the blog at http://ladeafconnection.blogspot.com

Thanks for being a part of ever growing and the oldest news in Louisiana!!

Walker Estes
Editor/Owner of LA Deaf Connection

Senator Mary Landrieu to Present Stimulus Check

As you know, the Federal Government has awarded the Deaf Action Center $1.4 million in stimulus funding for our AccessAmerica Video Remote Interpreting program.

Senator Mary Landrieu will be here at the Center (601 Jordan St) on Tuesday, March 30th at 1pm to officially present the grant award to us.

It would mean a great deal to Betty Phillips, our chairs, Gregory and Heidi Kallenberg, as well as, our president Patty Warmack if you could attend and be a part of this very historic occasion.

This is a momentous occasion for our Center and the community at-large. Please make every effort to attend!

David

David W. Hylan, Jr., MS, CICT
Executive Director

The Betty and Leonard Phillips Deaf Action Center
601 Jordan St, Shreveport, LA 71101-4748
318-425-7781

Health Care Reform

On 3/23/2010 President Obama signed the health care reform bill into law. While there are still differences that need to be reconciled between the various versions of the healthcare bill here is the timeline for the health care reform changes and how Obama’s health plan (”ObamaCare”) and health care reform affects you and your health insurance:

New Health Care Bill: Changes Happening in 2010
Children age 26 and younger will be able to remain covered under their parents health insurance plans (this is increased from past age limits which were anywhere from age 22-25).
Medicare recipients will receive a $250 rebate to help in closing the “doughnut hole” (with the goal being to close the doughnut hole completely by 2020).
Health insurance companies will be banned from excluding coverage for pre-existing conditions for children.
Adults with pre-existing conditions will be eligible for coverage into high risk health insurance pools until future health care exchanges are up and running.
Health insurance companies will be prohibited from levying annual limits and lifetime limits on coverage.
All new health insurance plans must provide coverage for preventative services with no out of pocket cost (all health plans will be forced to comply by 2018).
Those companies that offer health benefits for early retirees ages 55 to 64 will receive assistance from a temporary reinsurance program.
All new health insurance plans will have to comply with new regulations that lay out an appeals process for when health insurance claims are denied.
Small businesses that employ less than 50 people are eligible for a tax credit equal to 35% of their health insurance premiums (this increases to 50% by 2014).

New Health Care Bill: Changes Happening in 2011
Medicare will offer wellness visits for free one a year and personalized prevention plans. All new Medicare plans will offer preventative services with no out of pocket cost.
Seniors enrolled in Medicare Advantage or the Prescription Drug Plan will receive a 50% discount on brand name drugs immediately with additional prescription drug discounts to follow.
The current penalty tax of 10% on all distributions from a Health Savings Account before the age of 65 on nonqualified medical expenses will increase to 20%.
A small business alternative to a cafeteria plan will be presented so that small businesses can offer tax free benefits without having to deal with the administrative costs of a cafeteria plan.
Everyone earning more than $200,000 as an individual or $250,000 for those who file married filing jointly will have their Medicare payroll tax increased from the current 1.45% to 2.35%.

Health Care Bill: Changes Happening in 2013
A $2,500 annual cap will be placed on all contributions to flexible spending accounts (amount indexed for inflation each subsequent year).
The current tax deduction that employers receive for subsidizing the prescription drug costs of their employees who are eligible for Medicare Part D will be done away with.
A 2.9% excise tax on the sale of medical devices will be put into place. Certain common items like glasses, hearing aids, etc. are exempted from this tax.
The hospital insurance tax will increase .09% for those who earn more than $200,000 ($250,000 for those married filing jointly).
Additional requirements on health insurance companies to implement uniform standards for exchanging health care information, electronic communication, and other measures to reduce insurance company administrative costs.
The minimum threshold for being able to claim an itemized deduction for health care expenses increased from 7.5% to 10% of AGI although those over the age of 65 can stay at the 7.5% threshold through 2016.

Health Care Reform: Changes Happening in 2014
All US citizens will be forced to have health insurance coverage considered acceptable by the US Government or else pay a fine of $95 in 2014, $325 in 2015, $695 in 2016 (capped at 2.5% of AGI). All of the fines are per person per year except for families have a cap on the total fine of $2,250 and the fine amount for children is half of the adult fine.
Eligibility standards are implemented for newly formed health care exchanges.
Businesses with 50 or more employees will face a fine of either $2,000 or $3,000 per employee for not offering health insurance coverage.
Group health insurance plans have a maximum waiting period of 90 days.
Health insurance companies are prohibited from using an individual’s health status to issue a policy or renew a policy. All pre-existing conditions must be covered and higher health insurance rates cannot be levied because of health, gender, etc.
The eligibility standards for Medicaid will be changed to 133% of poverty for those who are not considered elderly.
New annual fees will be levied on all health insurance providers based on an insurance companies market share and whose total premiums exceed $25 million.

Health Care Reform Bill: Changes Happening in 2018
The “Cadillac” health insurance plan tax will kick in. An excise tax will be levied on all employer provided health insurance plans costing more than $27,500 for families and $10,200 for individuals (with increased limits for those considered to be in “high risk” professions).

http://sn132w.snt132.mail.live.com/default.aspx?wa=wsignin1.0

ADA/DPSC on Deaf Prisoners and Employees

The Louisiana Register includes information on the Americans with Disabilities Act and the Department of Public Safety and Corrections
for offenders in jail and in employment practices. Includes information on people who are deaf and hearing impaired.
(http://www.doa.louisiana.gov/osr/reg/regs2009.htm)

RULE Department of Public Safety and Corrections
Corrections Services
Americans with Disabilities Act

In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950), the Department of Public Safety and Corrections, Corrections Services, has promulgated the contents of Section 308 Americans with Disabilities Act.

Title 22
CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part I. Corrections
Chapter 3. Adult Services
§308. Americans with Disabilities Act
A. Purpose. To establish the secretary's commitment to compliance with the Americans with Disabilities Act and related legislation as it pertains to services for offenders and to establish formal procedures regarding reasonable accommodations for those offenders.

B. Applicability. Deputy Secretary, Undersecretary, Chief of Operations, Assistant Secretary, Regional Wardens, Wardens, Director of Probation and Parole, Director of Prison Enterprises and offenders who have a disability. Each unit head is responsible for ensuring that appropriate unit written policy and procedures are in place to comply with the provisions of this regulation.

C. Policy. It is the secretary's policy to provide offenders with access to housing, programs and services regardless of their disability to the extent possible within the context of the department's fundamental mission to preserve the safety of the public, staff and offenders and consistent with other classification variables that may affect custody, housing and program assignments. Equal access to programs, services and activities will be provided to all offenders based upon their classification.

1. Access to housing, programs and services includes the initiation and provision of reasonable accommodations including, but not limited to facility modifications, assistive equipment and devices and interpreter services. However, such accommodation should not constitute a danger to the offender or others and should not create undue hardship on the department or its employees.

2. Staff who are aware of or have reason to believe that an offender has a disability for which he may need accommodation are required to advise the unit ADA coordinator, who will evaluate the circumstances to determine if auxiliary aids and services and reasonable accommodations are required.

D. Definitions
Americans with Disabilities Act (ADA)—a comprehensive federal law which requires the state to provide equal access for people with disabilities to programs, services and activities of the department.

Auxiliary Aids and Services—external aids used to assist people who are hearing-impaired and may include qualified sign language or oral interpreters, written materials, telephone handset amplifiers, assistive listening devices, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunication devices for deaf persons (TDD/TTY), videotext displays or other effective methods of making aurally delivered materials available to individuals with hearing impairments.

Disability—a physical or mental impairment that substantially limits one or more of the major life activities of an individual, including a record of such impairment or being regarded as having such impairment.

Effective Communication—communication with persons with disabilities that is as effective as communication with others. Effective communication is achieved by furnishing appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities an equal opportunity to participate in or benefit from the services, programs or activities of the department.

Major Life Activity—walking, seeing, hearing, breathing, caring for one's self, sitting, standing, lifting, learning, thinking, working and reproduction. This list is illustrative only. The impairment to a major live activity must be long term.

Offender—anyone committed to the physical custody of the Department of Public Safety and Corrections or under the supervision of the Division of Probation and Parole.

Qualified Interpreter—an interpreter who is able to interpret effectively, accurately and impartially both receptively and expressively, using any necessary specialized vocabulary.

a. An employee who signs "pretty well" or has only a rudimentary familiarity with sign language or finger spelling is not a qualified sign language interpreter pursuant to this regulation. Likewise, someone who is fluent in sign language but who does not possess the ability to process spoken communication into the proper signs or to observe someone else signing and change their signed or finger spelled communication into spoken words is not a qualified sign language interpreter. A departmental employee should not be allowed to interpret if his presence poses a conflict of interest or raises confidentiality and privacy concerns. On occasion, an offender may possess the skill level necessary to provide interpreting services; however, the impartially concerns remain, and in many, if not most, situations, offender interpreters should not be used due to confidentiality, privacy and security reasons.

Reasonable Accommodation—a modification or adjustment to a job, service, program or activity, etc that enables a qualified individual with a disability to have an equal opportunity for participation.

Requestor—a person who requests an accommodation for a disability.

E. Procedures
1. Initiation of Requests for Accommodation
a. A qualified individual with a known disability of a long term nature should be accommodated where reasonably possible. A request for accommodation may be filed orally or in writing.

b. An offender with a disability may be able to function in the unit without any accommodation other than that which may already have been provided. If not, the offender may request accommodation.

c. The ADA does not require that a request for accommodation be provided in any particular manner; therefore, the department is charged with having knowledge, or deemed with having knowledge, of the request regardless of the form of the request.

d. The department has in place a formal grievance mechanism through which an offender may seek formal review of a complaint relative to any request for reasonable accommodation.

e. An offender may submit a written request for accommodation through the ARP process or staff shall direct or assist the offender to write his request if the request is made verbally.

f. The ADA block on the ARP form shall be checked by the ARP screening officer and directed to the unit ADA coordinator.

2. Accommodation Review Process
a. Upon receipt of a request for accommodation, the unit ADA coordinator shall seek to determine the following:
i. if the medical condition is of a temporary or long-term nature;
ii. if additional medical information is needed. At this point of the process, the unit ADA coordinator may request that the unit medical director determine the following:
(a). what specific symptoms and functional limitations are creating barriers;
(b).if the limitations are predictable, subject to change, stable or progressive;
(c)how the limitations impact the offender's ability to fully participate in the activities and services provided;

iii. whether the condition complained of impairs a major life activity.
b. Once the initial information is gathered, a dialogue between the requestor and the unit ADA coordinator regarding resolution of the problem shall begin.
NOTE: It may take only a change in duty status to resolve the problem.

c. An exception to the need to make an accommodation includes, but is not limited to, the following:
i. not a qualified disability;
ii. threat to one's self or others. Considerations include:
(a). duration of the risk involved;
(b). nature and severity of the potential harm;
(c). likelihood the potential harm will occur;
(d). imminence of the potential harm;
(e). availability of any reasonable accommodation that might reduce or eliminate the risk;
iii. undue hardship. The decision to use this exception can only be made by the headquarters ADA coordinator after consultation with appropriate personnel. A written description of the problem with the requested accommodation and the difficulty anticipated by the unit should be sent to the headquarters ADA coordinator. Considerations include the following:
(a). scope of the accommodation;
(b). cost of the accommodation;
(c). budget of the department;
(d). longevity of the accommodation;
iv. alteration would fundamentally change the nature of the service, program or activity.

3. Decision
a. Consideration should be given on a case-by-case basis.
b. Once the decision to accommodate or not is made, the requestor must be informed in writing of the decision of whether or not an accommodation will be made, the reason for the decision and the accommodation to be made, if applicable, including any specific details concerning the accommodation. This decision shall be conveyed through the ARP First Step Process. The requestor shall also be informed of the right to appeal the decision through the ARP process.
i. For each decision, a copy of the packet of information containing the decision, all information used to reach a decision and all attempts to resolve the request shall be forwarded to the headquarters ADA coordinator. The unit ADA coordinator shall ensure that all requests for accommodation are properly and timely entered into the department's ADA database.

4. Appeal
a. The offender has the right to appeal to the second step in accordance with the ARP process.
b. The ARP response shall be issued in conjunction with the headquarters ADA coordinator and shall contain the relevant issues raised in Subparagraphs E.2.a, b and c.

5. Recordkeeping
a. The Headquarters ADA coordinator shall maintain records of all requests for accommodation made throughout the department.

b. To ensure uniform and consistent compliance with the provisions of this regulation, the headquarters ADA coordinator shall maintain and track statistics concerning all requests for accommodation from offenders and the nature and outcome of the accommodations requested.

c.If a pattern becomes apparent following review of the statistics, the headquarters ADA coordinator shall seek to remedy and/or correct any problems noted and report same to the secretary.

RULE
Department of Public Safety and Corrections
Corrections Services
Effective Communication with the Hearing Impaired

Title 22
CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part I. Corrections
Chapter 3. Adult Services
§312. Effective Communication with the Hearing Impaired
A. Purpose. To establish procedures to provide auxiliary aids and services whenever necessary to ensure effective communication with qualified individuals with disabilities.

B. Applicability. Deputy Secretary, Undersecretary, Chief of Operations, Assistant Secretary, Regional Wardens, Wardens, Director of Probation and Parole, Director of Prison Enterprises, offenders, employees and visitors who are hearing-impaired. Each unit head is responsible for ensuring that appropriate unit written policy and procedures are in place to comply with the provisions of this regulation.

C. Policy. It is the secretary's policy to ensure that communication with offenders, employees and visitors with disabilities is to the same extent as communicating with others. The department shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program or activity conducted by the department where the auxiliary aids or services does not constitute an undue administrative and financial burden or fundamentally alter the service, program, or activity. Any male offender whose hearing cannot be restored to a "within normal limits" medical level with an auxiliary aid will be housed at either the Louisiana State Penitentiary (LSP) or Rayburn Correctional Center (RCC). Any female offender whose hearing cannot be restored to a "within normal limits" medical level with an auxiliary aid will be housed at the Louisiana Correctional Institute for Women (LCIW.)

D. Definitions
Americans with Disabilities Act (ADA)—a comprehensive federal law which requires the state to provide equal access for people with disabilities to services, programs, and activities of the department.
Auxiliary Aids and Services (AAS)—external aids used to assist people who are hearing-impaired and may include qualified sign language or oral interpreters, written materials, telephone handset amplifiers, assistive listening devices, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunication devices for deaf persons (TDD/TTY), videotext displays or other effective methods of making aurally delivered materials available to individuals with hearing impairments.
Departmental Personnel—for the purpose of this regulation, this shall include, but not be limited to, nurses, physicians, social workers, therapists, admitting personnel, security staff, probation and parole officers and any other administrative staff who have or are likely to have direct contact with offenders and/or visitors.
Disability—a physical or mental impairment that substantially limits one or more of the major life activities of an individual, including a record of such impairment or being regarded as having such impairment.

Effective Communication—communication with persons with disabilities that is as effective as communication with others. Effective communication is achieved by furnishing appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities an equal opportunity to participate in or benefit from the services, programs and activities of the department.
Major Life Activity—walking, seeing, hearing, breathing, caring for one's self, sitting, standing, lifting, learning, thinking, working and reproduction. This list is illustrative only. The impairment to a major life activity must be long term.

Offender—anyone committed to the physical custody of the Department of Public Safety and Corrections or under the supervision of the Division of Probation and Parole.

Qualified Interpreter—an interpreter who is able to interpret effectively, accurately and impartially both receptively and expressively, using any necessary specialized vocabulary.
NOTE: An employee who signs "pretty well" or has only a rudimentary familiarity with sign language or finger spelling is not a qualified sign language interpreter pursuant to this regulation. Likewise, someone who is fluent in sign language but who does not possess the ability to process spoken communication into the proper signs or to observe someone else signing and change their signed or finger spelled communication into spoken words is not a qualified sign language interpreter. A departmental employee should not be allowed to interpret if his presence poses a conflict of interest or raises confidentiality and privacy concerns. On occasion, an offender may possess the skill level necessary to provide interpreting services; however, the impartially concerns remain, and in many-if not most-situations, offender interpreters should not be used due to confidentiality, privacy and security reasons.

Reasonable Accommodation—a modification or adjustment to a job, service, program or activity, etc. that enables a qualified individual with a disability to have an equal opportunity for participation.

Requestor—a person who requests an accommodation for a disability.
TTY/TDD—a device that is used with a telephone or computer that has telephone text capability to communicate (by typing and reading communication) with persons who are deaf or hearing-impaired.
Visitor—for the purpose of this regulation, includes any non-departmental employee who is authorized to be on institutional grounds. i.e., volunteers, contractors, official guests, etc.

E. Procedures
1. Establishment of Auxiliary Aids and Services (AAS) Program. The department shall design and institute a program to provide auxiliary aids and services, schedule, announce and promote all training required, and draft, provide and maintain all reports as required by this regulation.

2. Designation of an official or office responsible for AAS.
a.Each unit ADA coordinator will be responsible for the AAS Program and shall maintain all necessary information about access to and the operation of the program.

b. LSP, RCC and LCIW unit ADA coordinators shall maintain a combination voice, TDD/TTY telephone line or dedicated TDD/TTY telephone line and shall publicize the purpose and telephone number broadly within the unit and to the public.

c. Each unit ADA coordinator shall provide appropriate assistance regarding immediate access to, and proper use of, the appropriate auxiliary aids and services available. It is the responsibility of the unit ADA coordinators to know where the appropriate auxiliary aids are stored, how to obtain services and how to operate them and shall facilitate maintenance, repair, replacement and distribution.

d. Each unit ADA coordinator shall maintain a recording system for inquiries regarding the provision of auxiliary aids and services and the response.

3. Provision of Appropriate Auxiliary Aids and Services
a. The department shall provide to offenders, employees and visitors who are deaf or hearing-impaired an appropriate auxiliary aid or service that may be necessary for effective communication as soon as practicable after determining that the aid or service is necessary.

b. The determination of which appropriate auxiliary aids and services are necessary and the timing, duration and frequency with which they will be provided shall be made by unit personnel, who are otherwise primarily responsible for coordinating and/or providing offender services, in consultation with the person with a disability. When an auxiliary aid or service is required to ensure effective communication, the unit shall provide an opportunity for an individual with a disability to request the auxiliary aid or service of the requestor's choice and shall give consideration to the choice expressed, but shall have the final decision regarding the accommodation to be provided.

c. The initial offender communication assessment shall be made at the time of the intake interview at a reception and diagnostic center or other appropriate classification center within 48 hours of arrival. Properly trained staff shall perform and document a communication assessment to determine the offender's level of effective communication. This assessment shall be conducted by an outside provider or departmental staff, barring any unusual or emergency condition within 10 weeks from the initial assessment. The written assessment shall be made a part of the offender's master prison record.
i. During the initial communication assessment, each offender shall be given a Request for Accommodation Form. This form shall also be made available to the current offender population. Offenders are free to reject or to fail to request auxiliary aids and services, but failure to use the designated form does not relieve the reception center/institution of its duty to assess the offender, nor to inform the offender of the availability of appropriate auxiliary aids and services. Refusal or failure by an offender to complete or return the Request for Accommodation shall not constitute a violation of the ADA or of the Resolution Agreement by the department.
ii. If the initial assessment reveals that an offender's hearing is below normal limits as defined by the Occupational Safety and Health Administration, a male offender shall be transferred to LSP for continuation and completion of the classification process.

d. Each unit shall conduct a minimum of a yearly assessment of each offender with hearing or speech disability regarding the provision of appropriate auxiliary aids and services. If an intervening problem or adjustment is required, the offender shall request a medical call-out. Each unit shall maintain appropriate documentation that reflects the ongoing assessments. The information shall be filed in the offender's medical record.

4. Nothing in this regulation shall require that an electronic device or piece of equipment used as an appropriate auxiliary aid be used when or where its use may be inconsistent with other departmental regulations or unit policies or when use may pose security concerns. (For example, closed-captioned televisions are provided consistently for offenders with hearing disabilities with the same duration and frequency as televisions are provided to the other offenders classified in the same status. No offender will be provided a television if his status would not otherwise permit access.)

5.The department shall maintain an effective complaint resolution mechanism regarding the provision of auxiliary aids and services. Records shall be kept of all complaints filed and actions taken in response. All complaints shall be handled through each unit ADA coordinator and the grievance systems currently in effect. The warden designated to oversee the operation of the ADA Program at each institution or division shall conduct a meaningful review of this regulation on a semi-annual basis.

6. If an offender who is deaf or hearing-impaired does not request appropriate auxiliary aids or services, but departmental and/or unit personnel have reason to believe that the offender would benefit from appropriate auxiliary aids or services, the offender may be asked if the use of auxiliary aids would be beneficial and initiate the testing procedure without violating ADA.

F. Qualified Interpreters
1. The department shall provide qualified sign language or oral interpreters when necessary for effective communication with, or effective participation in, departmental programs and activities by employees, offenders and visitors who are deaf or hearing-impaired. In addition, the department shall offer qualified sign language interpreters to offenders who are deaf or hearing-impaired and whose primary means of communication is sign language and qualified oral interpreters to offenders who rely primarily on lip reading, as necessary, for effective communication.

a. The following are examples of circumstances when it may be necessary to provide interpreters:
i. initial intake and classification processing;
ii. regularly scheduled health care appointments and programs, such as medical, dental, visual, mental health and drug and alcohol recovery services;
iii. emergency health care where having an interpreter would not present an undue burden (e.g., interpreter can arrive at the scene quickly);
iv. treatment and other formal programming;
v. educational classes and activities;
vi. parole board hearings;
vii. disciplinary board hearings;
viii. criminal investigations (to the extent controlled by the department);
ix. classification review interviews;
x. grievance interviews;
xi. religious services; and
xii. formal internal investigations.

2. The department shall establish a contract with individual sign language interpreters or with interpretive agencies for hearing impaired offenders, employees or visitors who require this service, or shall provide other effective means to ensure that qualified interpreters or oral interpreters are provided within three hours of an unscheduled request and timely for scheduled requests. Additionally, as a back-up measure, the headquarters ADA coordinator shall maintain a list of all qualified sign language and oral interpreters (and their contact information) residing or working within a 50-mile radius of any unit housing deaf or hearing-impaired offenders. The headquarters ADA coordinator shall provide this information to the unit ADA coordinators at LSP, RCC and LCIW.

NOTE: The department shall ensure by contract or other arrangements that all services, programs or activities provided or operated by contractors are in compliance with ADA. Contracts with those entities that fail or refuse to comply with ADA shall be subjected to formal termination proceedings.

3. Between the time an interpreter is requested and when an interpreter arrives, unit personnel shall continue to try to communicate with the person who is hearing-impaired to the same extent as they would communicate with a person without a hearing impairment, using all available methods of communication. However, in an emergency, seeking the services of an interpreter shall not mean that medical treatment will be delayed until the interpreter arrives. In addition, upon arrival of the interpreter, unit personnel shall review and confirm with the offender, employee or visitor all information received prior to the interpreter's arrival.

4. Offenders requesting auxiliary aids and/or services, after the initial assessment and which would require a medical evaluation, shall be charged the standard medical co-pay.
EXCEPTION: The offender may be assessed the total costs of replacement of an auxiliary aid if it is determined that replacement is a direct result of the offender's negligence/damage to property.

G. Hearing Aids and Batteries
1. Each unit shall purchase appropriate types of hearing aid batteries and keep them in stock in the medical supply room during the length of time an offender who wears a hearing aid is housed at that unit. Replacement hearing aid batteries shall be provided to offenders who request them on the first business day following receipt of the request. If the request is made on a weekend or holiday or a night after regular business hours, the replacement battery will be provided on the first standard business day following the request.

2. Each unit shall send offender hearing aids to a hearing aid repair company as soon as possible, but no later than 24 hours (excluding weekends and holidays) following a request for repair of the offender's hearing aid. The unit shall inform the offender in writing, as soon as possible, when his hearing aid was sent for repair and when it is expected to be returned by the repair company. The unit shall maintain written documentation of all hearing aid repairs, including detailed information regarding the vendor used, the date of the repair and the specific repairs performed. This information shall be submitted by each unit to the medical department at the Louisiana State Penitentiary quarterly for statistical compilation purposes.

H. Telephones
1. The department shall provide telecommunication devices for the deaf (TDDs/TTYs) for offenders who are deaf or hearing-impaired in a manner that ensures effective access to telephone services. In addition, the following is required so that those offenders who do hear will have access to TDDs/TTYs to communicate with family members or friends who are deaf or hearing-impaired.

a. Each unit shall make at least one TDD/TTY device available in each of the visiting areas where non-contact visits are conducted and the communication exchanged is accomplished over a telephone device. The unit can either permanently install the required TDD/TTY or make available a sufficient number of portable TDDs/TTYs for these visits.

b. Each unit shall provide a TDD/TTY to all deaf or hearing-impaired offenders residing in housing areas to the extent that pay telephones are available to other offenders. In those situations where the unit provides portable TDDs/TTYs, the housing officers shall provide them upon the offender's request, absent emergency circumstances such as lockdown.

c.The department shall take the necessary steps to provide offenders, with toll-free access to "800" numbers for telephone relay services and TDD/TTY operators. These numbers will be posted near all offender telephones, with notice that they are toll-free numbers. The telephone calls to the TDD/TTY operator will be provided free of charge, but any charges incurred to the receiving party will be handled as a standard offender telephone call. Thus, the offender or the receiving party shall be responsible for any long distance charges accrued.

d. Due to the fact that telephone calls placed via a TDD/TTY take longer than telephone calls placed using standard voice telephone equipment, the unit shall allow offenders needing TDD/TTY assistance to have 30 minutes per telephone call, barring any unusual circumstances.

2. Each unit shall ensure that at least one and no less than 25 percent of all offender telephones are equipped with volume control mechanisms and appropriate signs are displayed indicating the phone is volume controlled.

3. Each unit shall ensure that no less than 25 percent of all of its offender telephones are hearing aid compatible in the general population.

4. Each unit shall maintain records of all offenders who have been medically evaluated for any type of hearing impairment, the results of such assessment, date of any reassessment, any transfer or discharge of offenders assessed with a hearing impairment, requests for accommodations including the date requested and the determination and the provision of auxiliary aids or services and the date(s) provided. This information shall be submitted by each unit to the medical department of the Louisiana State Penitentiary quarterly for statistical compilation purposes.
I. Visual and Tactile Alarms
1. Where there are audible emergency alarms in visiting areas, each unit shall add visual alarms when an individual who is deaf or hearing-impaired is anticipated to spend significant periods of time in these areas.

2. Each unit shall place visual emergency alarms in rooms where offenders who are deaf may reside alone or work alone to ensure that they will always be alerted when an emergency alarm is activated. To be effective, such devices must be located and oriented so that they will spread signals and reflections throughout a space or raise the overall light level sharply.

3. Where each unit has audible alarms in housing areas, the unit shall add visual signal devices, when necessary, to alert offenders who are deaf or hearing-impaired to announcements (e.g., roll call.)

J. Televisions
1. Each unit shall provide and maintain closed-captioned television decoders (or built-in decoder televisions) in television rooms to enable offenders who are deaf or hearing-impaired to enjoy the same opportunity for television viewing as that afforded to other offenders.

K. Training
1. Annual training regarding this regulation shall be provided by the department to all employees through the regularly scheduled ADA Training Program.

2. The training program shall be sufficient in duration and content to instruct a reasonable number of personnel in access to the AAS Program, use of the program, and sensitivity to the needs of the deaf and hearing-impaired offender population. Such training shall include:

a.topics relevant to the health care needs of deaf and hearing-impaired offenders, such as the various degrees of hearing impairment;

b. language and cultural diversity in the deaf community;

c. dispelling myths and misconceptions about persons who are deaf or hearing-impaired;

d. identification of communication requirements of persons who are deaf or hearing-impaired;

e. the unique needs and problems encountered by late-deafened individuals;

f. psychological implications of hearing loss and its relationship to interaction with hearing health care professionals;

g. types of auxiliary aids and services as required pursuant to this regulation;

h. the proper use and role of qualified sign language interpreters;

i. procedures and methods for accessing the AAS Program for providing interpreters;

j. making and receiving calls through TDDs/TTYs and the Louisiana Relay or other relay service providers;

k. third party resources which can provide additional information about people who are deaf or hearing-impaired; and

l. the existence of the department's complaint resolution process.

L. Recordkeeping
1. The Headquarters ADA Coordinator shall maintain records of all requests for accommodation made throughout the department.

2. The headquarters ADA coordinator shall maintain and track statistics concerning all requests for accommodation from offenders, employees and visitors and the nature and outcome of the accommodations requested.

3. If a pattern becomes apparent following review of the statistics, the headquarters ADA coordinator shall seek to remedy and/or correct any problems noted and report same to the secretary.

RULE
Department of Public Safety and Corrections
Corrections Services
Equal Employment Opportunity
(Includes Americans with Disabilities Act)(LAC 22:I.201)
In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950), the Department of Public Safety and Corrections, Corrections Services, has amended the contents of Section 201 Equal Employment Opportunity.

Title 22
CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part I. Corrections
Chapter 2. Personnel
§201. Equal Employment Opportunity
(Includes Americans with Disabilities Act)

A. Purpose. To establish the secretary's commitment to equal employment opportunities and to establish formal procedures regarding reasonable accommodation for all employees, applicants, candidates for employment (including qualified ex-offenders) and visitors.

B. Applicability. Deputy Secretary, Undersecretary, Chief of Operations, Assistant Secretary, Regional Wardens, Wardens, Director of Probation and Parole, Director of Prison Enterprises, employees, applicants, candidates for employment (including ex-offenders) and visitors. Each unit head is responsible for ensuring that appropriate unit written policy and procedures are in place to comply with the provisions of this regulation.

C. Policy. It is the secretary's policy to assure equal opportunities to all employees, applicants, candidates for employment (including ex-offenders) and visitors without regard to race, religion, color, national origin, sex, disability or age.
1. Exceptions:
a. where age, sex or physical requirements constitute a bona fide occupational qualification necessary for proper and efficient operations;

b. where the implications of nepotism restrict such employment or employment opportunity; and

c. preferential hiring will be given to persons who actively served in the Iraqi/Afghanistan conflicts in accordance with Civil Service Rules.

2. Equal opportunities will be provided for employees in areas of compensation, benefits, promotion, recruitment, training and all other conditions of employment. Notices of equal employment opportunities will be posted in prominent accessible places at each employment location.

3. Equal access to programs, services and activities will be provided to all visitors. Advance notice of a requested accommodation shall be made during normal business hours to ensure availability at the time of the visit.

4. If any employee is made aware of or has reason to believe that a visitor to the unit is deaf or hard of hearing,
the employee is required to advise the person that appropriate auxiliary aids and services will be provided. The employee should then direct the visitor to the unit ADA Coordinator or designee. Likewise, such information must be forthcoming in response to any request for auxiliary aid or services.

D. Definitions
Age Discrimination in Employment Act (ADEA)—a federal law to protect individuals 40 years of age and over from arbitrary discrimination in employment practices, unless age is a bona fide occupational qualification. The state of Louisiana has passed similar legislation and the term ADEA will refer to both federal and state prohibitions against age discrimination in this regulation.

Americans with Disabilities Act (ADA)—a comprehensive federal law which requires the state to provide equal access for people with disabilities to programs, services and activities of the department, as well as to employment opportunities.

Applicant—a person who has applied for a job and whose qualification for such is unknown.

Auxiliary Aids and Services—external aids used to assist people who are hearing-impaired and may include qualified sign language or oral interpreters, written materials, telephone handset amplifiers, assistive listening devices, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunication devices for deaf persons (TDD/TTY), videotext displays or other effective methods of making aurally delivered materials available to individuals with hearing impairments.

Candidate—a person who has successfully passed the required test and/or meets the Civil Service minimum qualifications for the job sought.

Disability—a physical or mental impairment that substantially limits one or more of the major life activities of an individual, including a record of such impairment or being regarded as having such impairment.

Effective Communication—communication with persons with disabilities that is as effective as communication with others. Effective communication is achieved by furnishing appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities an equal opportunity to participate in or benefit from the services, programs or activities of the department.

Equal Employment Opportunity (EEO)—the operation of a system of human resources administration which ensures an environment that will provide an equal opportunity for public employment to all segments of society based on individual merit and fitness of applicants without regard to race, color, religion, sex, age, national origin, political affiliation or disability (except where sex, age or physical requirements constitute a bona fide occupational qualification necessary to the proper and efficient operation of the department.)

a. The Equal Employment Opportunity Commission (EEOC) is the federal regulatory body for EEO related complaints and charges.

Essential Functions—basic job duties that an employee/applicant must be able to perform, with or without reasonable accommodation.

Ex-Offender—those offenders who are no longer in the physical custody of the DPS&C or no longer under the supervision of the Division of

Probation and Parole.

Family and Medical Leave—leave for which an employee may be eligible under the provisions of the Family and Medical Leave Act of 1993.

Major Life Activity—walking, seeing, hearing, breathing, caring for one's self, sitting, standing, lifting, learning, thinking, working and reproduction. This list is illustrative only. The impairment to a major life activity must be long term.

Qualified Individual with a Disability—an individual with a disability (as previously defined herein) who can perform the essential functions of the job with or without reasonable accommodation.

Reasonable Accommodation—a modification or adjustment to a job, service, program or activity, etc., that enables a qualified individual with a disability to have an equal opportunity for participation.

Requestor—a person who requests an accommodation for a disability.

Seniority—a calculation of the number of years of service to the department and used in comparison to another employee's or applicant's number of years of service to the department. Seniority may be used as a factor in employment decisions but may never be used as a substitute for age discrimination.

Visitor—for the purpose of this regulation, includes any non-departmental employee who is authorized to be on institutional grounds. i.e., volunteers, contractors, official guests, etc.

E. Procedures
1. Coordination of ADA Matters
a. The secretary will establish and designate a Headquarters ADA Coordinator. This employee is charged with reviewing, recording and monitoring ADA matters for the department and will also advise and make recommendations to the secretary or designee regarding such matters as appropriate.

b. Each unit head will designate a primary unit ADA Coordinator to coordinate unit ADA matters. All units will prominently post the name and telephone number of the unit ADA Coordinator.

2. Initiation of Requests for Accommodation
a. A qualified requestor with a known disability of a long term nature should be accommodated where reasonably possible, providing the accommodation does not constitute a danger to the requestor or others and does not create undue hardship on the department or its employees.

NOTE: If a requestor is an employee, applicant or a candidate for employment, the requestor must be able to perform the essential functions of the job with the accommodation.

b. The ADA does not require that a request for accommodation be provided in any particular manner; therefore, the department is charged with having knowledge, or deemed with having knowledge, of the request regardless of the form of the request.

c. If an employee, applicant or candidate for employment informs anyone in his chain of command, Human Resources personnel or the unit ADA Coordinator that he has difficulty performing his job duties or participating in a program or service due to a medical condition, the employee, applicant or candidate for employment is deemed to have made a request for accommodation.

d. If a visitor informs an employee that he cannot participate in the visiting process or any other program or service that the visitor is entitled to participate in, the visitor is deemed to have made a request for accommodation.

e. Once any request for accommodation has been received, either verbally or in writing, the person receiving the request should immediately relay the request to the unit ADA Coordinator or designee.

f. An employee, applicant, candidate for employment (including ex-offenders) or visitor may complete a Request for Accommodation Form. The requestor completing the form must forward it to the unit ADA Coordinator for processing.

3. Accommodation Review Process
a. Upon receipt of the completed Request for Accommodation Form, the unit ADA Coordinator shall seek to determine the following:

i. if the medical condition is of a temporary or long-term nature;
ii. if additional medical information is needed from the requestor's physician or through a second opinion. At this point of the process, the unit ADA Coordinator may inform the requestor that his doctor must complete an Essential Function Form to determine the following:

NOTE: The Index of Essential Job Functions contains the Essential Functions Form for each job category used by the Department. The Index is maintained in each unit Human Resources Office)

(a). what specific symptoms and functional limitations are creating barriers;

(b). if the limitations are predictable, subject to change, stable or progressive;

(c). how the limitations impact the requestor's ability to perform the job, and for visitors, how the limitations impact the requestor's ability to fully participate in the activities and services to which the requestor is entitled;
iii. the condition impairs a major life activity.
b. If questions remain, staff may contact the requestor's treating physician directly.

c. The unit ADA Coordinator shall ensure that a formal request is submitted on a Request for Accommodation Form and provide assistance as needed.

d. Once the initial information is gathered, a dialogue between the requestor and unit ADA Coordinator regarding resolution of the problem shall begin.

e. The discussion may include the following matters:
i. if the problem is of a temporary nature, use of FMLA or sick leave, Workman's Compensation or a temporary halt of some job duties may resolve the problem;
ii. if a second medical opinion is needed, this is to be performed at the department's cost with a physician of the department's choosing;
iii. if the medical condition is deemed to be a qualified disability, this decision shall be documented;
NOTE: Due to the nature of a disability, the disability may progress and require additional modifications at a later date)
iv. the goal is to reach a mutually acceptable accommodation, if possible. The secretary or designee shall make the final decision on what the actual accommodation will be.
f. An exception to the need to make an accommodation includes, but is not limited to the following:
i. not a qualified disability;
ii. threat to one's self or others. Considerations are as follows:
(a). duration of the risk involved;
(b). nature and severity of the potential harm;
(c). likelihood that potential harm will occur;
(d). imminence of the potential harm;
(e). availability of any reasonable accommodation that might reduce or eliminate the risk;
iii. undue hardship. The decision to use this exception may be made by the Headquarters ADA Coordinator only after consultation with the undersecretary. A written description of the problem with the requested accommodation and the difficulty anticipated by the unit should be sent to the Headquarters ADA Coordinator. Considerations are as follows:
(a). scope of the accommodation;
(b). cost of the accommodation;
(c). budget of the department;
(d). longevity of the accommodation.
iv. alteration would fundamentally change the nature of the program, service or activity.

4. Decision
a. Consideration should be given on a case-by-case basis.
b. The granting of leave can be an accommodation.
c. Once the decision to accommodate or not is made, the requestor shall be informed in writing of the decision of whether or not an accommodation will be made, the reason for the decision and the accommodation to be made, if applicable, including any specific details concerning the accommodation. The requestor must also be informed of the right to appeal the decision to the Headquarters ADA Coordinator.
i. For each decision, a copy of the packet of information containing the decision, all information used to reach the decision and all attempts to resolve the request shall be forwarded to the Headquarters ADA Coordinator. The unit ADA Coordinator shall ensure that all requests for accommodation are properly and timely entered into the department's ADA database.
d. The original of the packet of information concerning the request with the decision shall be maintained in a confidential file for three years after the requestor has left the department's employ or notification has been received that a requestor no longer wishes to be afforded visitor status.

5. Appeal
a. The requestor has the right to appeal the unit's decision for the following reasons only:
i. the finding that the medical condition is not a qualifying disability;
ii. the denial of an accommodation; or
iii. the nature of the accommodation.
b. The requestor shall forward the appeal of the unit's decision to the Headquarters ADA Coordinator.
c. At the discretion of the Headquarters ADA Coordinator, additional information or medical documentation may be requested.
d. After consultation with the Undersecretary, the Headquarters ADA Coordinator shall issue a written appeal decision to the requestor, a copy of which shall also be sent to the appropriate Unit Head and unit ADA Coordinator.
e. No additional appeal will be accepted as the Headquarters ADA Coordinator's decision shall be final.

6. Recordkeeping
a. The Headquarters ADA Coordinator shall maintain records of all requests for accommodation made throughout the department.
b. To ensure uniform and consistent compliance with the provisions of this regulation, the Headquarters ADA Coordinator shall maintain and track statistics concerning all requests for accommodation from employees, applicants, candidates for employment and visitors and the nature and outcome of the accommodations requested.
c. If a pattern becomes apparent following review of the statistics, the Headquarters ADA Coordinator will seek to remedy and/or correct any problems noted and report same to the secretary.

7. Essential Job Functions
a. General Requirements
i. Employment candidates must complete an Essential Functions Form at the time of interview for employment and/or return to employment. Employees may be required to complete an up-to-date Essential Functions Form as appropriate and when deemed necessary by the unit head in order to ensure that the fundamental mission of the department is sustained.
ii. The Index of Essential Job Functions contains the Essential Functions Form for each job category used by the department. The Index is maintained in each unit Human Resources Office.

b. Employee and Unit Specific Requirements. Employees may be required to complete an up-to-date Essential Functions Form under the following conditions (not necessarily all inclusive):
i. exhaustion of sick leave and if applicable, exhaustion of FMLA entitlement;
ii. expressed inability to participate in a mandatory work-related activity (i.e., training) and/or to perform essential job functions; and/or

iii. appearance of the inability to perform essential job functions. When any of the described conditions exist, the unit head will require the employee to provide a new Essential Functions Form and "Medical Certification" from the employee's health care provider so the employee's status under the ADA can be assessed. The Medical Certification Form must include a prognosis, whether the condition is temporary or permanent, when the condition began, the expected date of return to duty, whether the employee is able to perform the essential functions of the job with or without accommodation and a description of the accommodation needed.
NOTE: In certain situations, a second opinion by an independent third party may be appropriate. This opinion will be at the unit's expense.

8. Conciliation Options for EEO and ADA Concerns
a. Should a requestor feel that he has experienced discrimination in any manner or not be satisfied with the results of the request for accommodation, he may seek conciliation through Corrections Services' grievance process, through the EEOC for employment related complaints and/or the U.S. Department of Justice (USDOJ) for issues not related to employment.

b. Requestors are encouraged to use the internal procedures to address and resolve complaints to the extent possible. Use of these internal procedures does not restrict a requestor from filing with the appropriate federal agency prior to exhaustion of the department's internal process(es).

9. Departmental Conciliation of EEO and ADA Matters
a. The Headquarters Human Resources Section shall coordinate the Department's response(s) to complaints and charges of discrimination regarding equal employment opportunity matters. Complaints/charges may be addressed through the internal grievance procedure when such a grievance has been filed and heard at the appropriate unit levels.

b. For formal charges generated by the EEOC or the USDOJ, the unit head and the applicable unit's attorney will develop the department's response and conciliation opinion (if applicable.) Any unit receiving a "Notice of Charge of Discrimination" document from the EEOC or similar notice from the USDOJ shall forward the notice to the Headquarters Legal Services upon receipt.

10. Employment Applications of Ex-Offenders
a. All applications for employment received from persons who are ex-offenders will be reviewed by a committee appointed by the secretary. The committee shall be composed of the chief of operations or designee, assistant secretary or designee and the headquarters human resources director or designee. Consideration will be given to the unit head's recommendation, the ex-offender's crime, sentence, institutional record and length of time free from other convictions. The committee's recommendations will then be submitted to the secretary or designee for review with the Unit Head.

b. Ex-offenders will not be eligible for employment in positions which require an employee to carry a firearm in the performance of duty. This restriction is based on applicable Civil Service job qualifications and state and federal law.

11. Training
a. The department shall provide comprehensive annual training for all departmental personnel regarding this regulation.
b. Additional information pertaining to EEO, ADA and ADEA is available in any human resources office.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:950.
HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Corrections Services, LR 26:1308 (June 2000), amended LR 35:2194 (October 2009).

James M. Le Blanc
Secretary

The Price Is Right: Deaf Contestant!

http://deafcactusnews.blogspot.com/2009/10/price-is-right-deaf-contestant-monday.html

The Price Is Right: Deaf Contestant! Monday, October 19
Copied from E-Peachy News

Bryon Douglas Cantrell's Message:

Kristine Hall who is my oldest Deaf daughter will be televised with the Price is Right on October 19. She was chosen as a contestant on the popular T.V. game show, "The Price Is Right."
She is probably the first deaf contestant ever to make it all the way ...to share the stage with Drew Carey and the lovely models. Her appearance will be broadcast on Monday, October 19th on CBS. Check local listings for the time and tune in to find out if she goes home with the grand prize!

Vergie Falcon

Want to share with you all.
Virgie Falcon, a former member of LAAD passed away at 11:30 am on October 1, 2009. There is no funeral services as her wish. She is 89 years old and rest in peace. We will miss her.

LAADly Yours,
Cindy Robillard
Public Relations for LAAD e-News

Leroy Presley

Funeral Arrangements for Leroy Presley

Wake @
Gossen Funeral Home
504 N. Polk St.
Rayne, La. 70578

Friday, October 9, 2009---3 pm to 9 pm
Saturday, October 10, 2009---8 am to 12:30 pm

Church Services:
Saturday, October 10, 2009
St Joseph's Catholic Church
406 S. Adams Ave.
Rayne, La. 70578

Burial:
St. Theresa's Cementary
Corner of Toby Mouton Rd. & North A St.
Duson, La. 70529

OBITUARY
LeRoy Presley

DUSON - Funeral services will be held at St. Joseph Catholic Church, Saturday, October 10, 2009, at 1 p.m., for LeRoy Presley, 57, who died Monday, October 5, 2009, in Our Lady of Lourdes Hospital.

Interment will be in the St. Theresa Cemetery, Duson.

Surviving are his wife, Mary and daughter, Marilee Presley, daughter, Mariee Presley, daughter Sarah Tanner, daughter, Emily Smith, daughter, Abby Woodhead, daughter, Yvette Presley, daughter, Uvonna Presley, 11 Grandchildren, sister, Eloise Dawson, brother, Otis Presley, sister, Louise Hicks and husband Lenny, sister, Linda Fay and husband Marty, sister, Susanne Presley.

He was born Friday, October 26, 1951, Son of the late John Nelson Presley and the late Vera Fincher.

He was a graduate of Cave Springs School for the Deaf and worked for 28 years with the Post Office.

Friends will be received 3 p.m. until 9 p.m. Friday and 8 a.m. until service Saturday at Gossen Funeral Home, Inc., Rayne.

Friends may view the obituary and guestbook online at www.gossenfuneralhome.net.

Arrangements have been entrusted to Gossen Funeral Home, Inc. of Rayne, LA, (337) 334-3141.
Published on October 09, 2009.

H1N1 Survey

From: Jamar.Ennis@GOV.STATE.LA.US
Date: Mon, 5 Oct 2009 14:26:24 -0500
Subject: H1N1 Survey


Greetings all,





In an effort to increase public awareness to help prevent H1N1 and seasonal flu in Louisiana, we ask that you please take a few moments to complete our “Preparedness Planning for People with Disabilities in a Pandemic Influenza Event” survey. This survey is required to asses the needs of persons with disabilities in preparation for a pandemic influenza outbreak so that further resources can be attained if necessary. Your participation is critical, please forward these survey links to as many people as possible. For your convenience, the survey is provided in English and Spanish. With your participation, together we are better equipped to “Fight the Flu” in Louisiana!









English Version:

http://www.surveymonkey.com/s.aspx?sm=XEzyyjcL8MV7L3IsivtUQQ_3d_3d



Spanish Version:

http://www.surveymonkey.com/s.aspx?sm=Kw5yyaz4bBuACz7nW4BQDQ_3d_3d







Thank you,







Jamar Ennis

Program Coordinator

Governor's Office of Disability Affairs

P.O. Box 94004, Baton Rouge, LA 70804

(225) 219-9866

White House Announces Disability Employment Awareness Month

White House Announces Disability Employment Awarness Month

From THE WHITE HOUSE

White House Emblem Large

Office of the Press Secretary
For Immediate Release September 30, 2009
NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH, 2009

- - - - - - -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION

Fair access to employment is a fundamental right of every American,
including the 54 million people in this country living with disabilities. A
job can provide financial stability, help maximize our potential, and allow
us to achieve our dreams. As Americans, we possess a range of vocational
opportunities to make the most of our talents and succeed in a chosen
career; those with disabilities are entitled to the same opportunities.

During National Disability Employment Awareness Month, we recommit ourselves
to implementing effective policies and practices that increase employment
opportunities for individuals with disabilities.

In the past half-century, we have made great strides toward providing equal
employment opportunities in America, but much work remains to be done. As
part of that continuing effort, we must seek to provide opportunities for
individuals with disabilities. Only then can Americans with disabilities
achieve full participation in the workforce and reach the height of their
ambition.

My Administration is committed to promoting positive change for every
American, including those with disabilities. The Federal Government and its
contractors can lead the way by implementing effective employment policies
and practices that increase opportunities and help workers achieve their
full potential. Across this country, millions of people with disabilities
are working or want to work. We must ensure they have access to the support
and services they need to succeed.

Recognizing the need for equal employment opportunities, we must also
strengthen and expand the educational opportunities for individuals with
disabilities. The American Recovery and Reinvestment Act substantially
increased funding for the Individuals with Disabilities Education Act, and
provided more than $500 million for vocational rehabilitation services,
including job training, education, and placement. If we are to build a world
free from unnecessary barriers, stereotypes, and discrimination, we must
ensure that every American receives an education that prepares him or her
for future success.

Each day, Americans with disabilities play a critical role in forging and
shaping the identity of our Nation. Their contributions touch us all through
personal experience or through that of a family member, neighbor, friend, or
colleague. We grow stronger as a Nation when Americans feel the dignity
conferred by having the ability to support themselves and their families
through productive work. This month, we rededicate ourselves to fostering an
inclusive work culture that welcomes the skills and talents of all qualified
employees.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America,
by virtue of the authority vested in me by the Constitution and the laws of
the United States, do hereby proclaim October 2009, as National Disability
Employment Awareness Month. I call on all Americans to celebrate the
contributions of individuals with disabilities to our workplaces and
communities, and to promote the employment of individuals with disabilities
to create a better, more inclusive America, one in which every person is
rightly recognized for his or her abilities and accomplishments.

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and
thirty-fourth.

BARACK OBAMA

2009 Louisiana Job Fairs

2009 Louisiana Job Fairs

Sponsored by Louisiana Medicaid Infrastructure Grant
Lead Agency: Louisiana Rehabiliation Services

Below is a list of the 2009 Louisiana Job Fairs. If you receive social security benefits, you can register on-line or by phone to attend one of the Work Incentives Seminar Events to learn about work incentives. See below for WISE Event Registration information. Don't forget to visit www.work-pays.org for additional employment related information.

2009 LOUISIANA JOB FAIRS
for persons with disAbilities

Thursday, October 1, 2009
Doors open to public 9:00 a.m. - 12:00 p.m.
Knights of Columbus, # 2732
1578 W. Hall Ave.
Slidell, LA. 70458

Wednesday, October 7, 2009
Doors open to public 9:00 a.m. - 12:00 p.m.
Business and Career Solutions Center
4250 5th Ave.
Lake Charles, LA 70607

Wednesday, October 7, 2009
Doors open to public 9:00 a.m. - 12:00 p.m.
Christ United Methodist Church
1204 Crabapple Drive
Shreveport, LA 71118-4097

Tuesday, October 20, 2009
Doors open to public 9:00 a.m. - 12:00 p.m.
Eastbank Regional Library
4747 W. Napoleon Ave.
Metairie, La 70001

Wednesday, October 21, 2009
Doors open to public 9:00 a.m. - 12:00 p.m.
Heymann Performing Arts Center
1373 S. College Road
Lafayette, LA 70503-290

Wednesday, October 21, 2009
Doors open to public 9:00 a.m. - 12:00p.m.
Monroe Civic Center
401 Lea Joyner Expressway
Monroe, LA 71201

Wednesday, October 21, 2009
Doors open to public 9:00 a.m. - 12:00p.m.
City of Pineville, Main Street Community Center
708 Main Street
Pineville, LA 71360

Thursday, October 22, 2009
Doors open to public 9:00 a.m. - 2:00 p.m.
Louisiana Technical College
3250 N. Acadian Thruway East
Baton Rouge, LA 70805

Thursday, October 29, 2009
Doors open to public 9:00 a.m. - 12:00 p.m.
Evergreen Cajun Center
4695 W. Main Street
Houma, LA 70360

WISE Event REGISTRATION
Please register on-line at:

www.socialsecurity.gov/work/wise.html
or by calling 1-877-743-8237 (V/TTY)

Leonie (Johnson) Gauthreaux

Published on September 24, 2009
Leonie Gauthreaux

CHURCH POINT - Funeral Services will be held at11 a.m. Friday, September 25, 2009, at Our Lady of the Sacred Heart Catholic Church in Church Point, for Leonie Gauthreaux, 91, the former Leonie Johnson. Mrs. Gauthreaux, a native and life-long resident of Church Point, died at 10 p.m. Tuesday, September 22, 2009, at Magnolia Estates in Lafayette. Monsignor Jefferson J. DeBlanc will conduct the services with interment following in the Our Lady of the Sacred Heart Cemetery in Church Point.

Survivors include a son, Larry "Goat" Gauthreaux and wife, Merrilene, of Lafayette; a daughter, Judy Gauthreaux, of Sulphur; a brother, Clifford Johnson, Jr. and wife, Erlene, of Carencro; four grandchildren; and eight great-grandchildren.

She was preceded in death by her husband, Norman P. Gauthreaux; a daughter, Theresa Gauthreaux; and her parents, Clifford Johnson, Sr. and Leta Latiolais Johnson.

The family requested that visiting hours be observed from 11 a.m. until 9 p.m. Thursday and continue from 8 a.m. Friday until the time of the services.

A recognized member of the Catholic Deaf Society for over thirty years, Mrs. Gauthreaux was also well-known and respected in her community.

A recitation of the Rosary will be held at 7 p.m. Thursday by Mrs. Erlene Johnson.

Arrangements are being handled by Guidry Funeral Home, Inc.; 219 N. Broadway; Church Point, La. (337) 684-5488.

View the obituary and guest book on-line at guidryfuneralhome.com.

Job Opportunity with CORA

CREATING OPPORTUNITIES BY RECOGNIZING ABILITIES



CORA IS SEEKING HEARING DISABLED INDIVIDUALS
FOR VIDEO PHONE PILOT PROJECT

CORA is offering a monthly scholarship program to provide training and placement of deaf individuals
to perform remote business-to-business collections work using an interpreter and video phone.

The training fee will be paid by scholarship funds from United States Business Leadership Network for this pilot project..



The training classes are 3 hours per day, 5 days per week from 10 am to 1 pm EST for a total of 90 hours.

At the conclusion of 90 hours training, the candidate/trainee must pass a test to become a CORA employee
and will then be assigned to work performing collections processes for one of our clients..

The training is exactly what it implies...Training...Selected applicants will not be paid to be trained.
They must pass the Final Assessment to become a paid employee.

Enrollment Director
Theresa Bronson

Email resumes to: VPPilot@coraworks.com
www.coraworks.com