National Federation of the Blind of Florida
RESOLUTION 2009 - 02
Concerning the Accommodations for Standardized Testing for
Special-Needs Candidates
Whereas, it is a mission of
the National Federation of the Blind to remove the social, legal,
and
economic barriers faced by the blind; and
Whereas, the goal of the federation is the full integration of the blind into society in terms of equality; and
Whereas, many blind and
otherwise disabled Floridians depend on assistive technology,
specifically the use of screen reading software in order
to promote and assure their right to live independently; enjoy self
determination; make choices; contribute to society; pursue
meaningful careers; enjoy full inclusion and integration in the
economic, political, social, cultural, and educational
mainstream of American society;
and
Whereas, the Rehabilitation Act of 1973; the Rehabilitation Act Amendments of 1998 and the Assistive Technology Act of 1998 contains provisions that allow for the creation of accessibility standards that would allow blind or sight impaired persons full and equal access to any entity, program or activity which is easily or readily available to the general public; and
Whereas, the State has a responsibility to carry out directly, or provide support to public or private entities to carry out, technical assistance and training activities for disabled individuals, including; the development and implementation of laws, regulations, policies, practices, procedures, or organizational structures that promote access to assistive technology devices and assistive technology services for individuals with disabilities in education, health care, employment, and
community living contexts,
and in other contexts such as the use of telecommunications; the
development of training materials and the conduct of training in the use of
assistive technology devices and assistive technology services;
and
Whereas, the State
maintains standardized testing provisions which allow for accommodations to students
with disabilities which do not include the use of technical devices or
technological assistance as described in section 5002(3)
of the
Clinger Cohen Act of 1996 (40 U.S.C. 1401(3) which is incorporated and
adopted
in section 508 of the Rehabilitation Act Amendments of 1998;
and
Whereas, the inability to
utilize assistive technology devices prevents blind persons from the promotion
of education and employment pursuits in many sectors;
and
Whereas, financing
provisions have been made available to the state of Florida under Title I,
II, and
III of the Assistive Technology Act of 1998; and
Whereas, the Legislature of
the State of Florida with blatant disregard of the needs of blind or
sight-impaired citizens has failed to provide accommodations for
technology assistance and has failed to implement legislation that
allows for the use of such assistance at this time: Now, therefore,
BE IT RESOLVED by the
National Federation of the Blind of Florida in Convention assembled this
twenty-fifth day of May, 2009, in the City of Boca Raton, Florida, that we will
not tolerate this unlawful and immoral denial of our right to fully
participate in Florida society; and
BE IT FURTHER RESOLVED that the National Federation of the Blind of Florida shall use all appropriate means available, including legal action, should it prove necessary, to ensure that blind or sight-impaired persons have full access to all technological assistance guaranteed by law within the state of Florida.