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

Dear Colleagues,

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

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

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

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

Here is the Tribune Report on the same.

Special education programme for the disabled in govt schools

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

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

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

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

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

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

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

Smart cities missing out on accessibility and inclusivity

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

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

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

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

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

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

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

Source: The Indian Express

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

Dear Colleagues,

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

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

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

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

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

Dear Colleagues,

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

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

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

Here is the news from Times of India

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

Ambika Pandit

New Delhi



Deemed Medically Unfit, Woman Secures Review

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

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

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

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

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

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

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

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

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

Source: Times of India 

Hearing Impaired students prepare for military service despite stumbling blocks

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

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

Here goes the story from the Gulf News-

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

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

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

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

Nolan is determined to change that.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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