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Support Lines          Vol. 2  Number 7       April 7, 2004

Visit us on the Web at http://www.pabia.org

Subscribe or unsubscribe here.

 

 

Conventional wisdom doesn't work . . . and never did! -T. Harv Eker

Inside This Issue:

Did someone forward you this newsletter? Would you like to subscribe? Sign up to the PABIA-NEWS on the PABIA website at http://www.pabia.org/. You will receive an email message requesting a response from you in order to confirm your subscription. You can unsubscribe there too. We appreciate and welcome your feedback and suggestions. Please send a message with your comments to jp@pabia.org

Editor's Note

 

Hi Folks,

 

Sometimes I have difficulty putting this newsletter together. I have many demands on my time. This one made it out on a wing and a prayer. Please forgive any typographical errors which might have made it past my watchful eye.

 

John

 

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"Honesty is the first chapter in the book of wisdom" -Thomas Jefferson

 

Keep up the Pressure on CMS re: Power Wheelchairs!" !

Henry Claypool of the Item Coalition
hclaypool@halftheplanet.org

 
During CMS's March 31, 2004 "Open Door Forum on the Medicare Power Mobility Benefit," an astonishing 657 people attempted to participate via conference call. However, as the forum abruptly wrapped up that afternoon, not one of those 657 callers had been given the opportunity to speak, practically eliminating the consumer's voice from this "open" discussion. Furthermore, CMS has continued to hold these forums in Baltimore, an inconvenient location for any Washington-based advocate, but especially for those advocates with disabilities. We need to let CMS know that the Medicare power mobility benefit effects more than the manufacturers and that everyone deserves a voice in this debate about independence! As we continue to fight for better access to wheelchairs through the Medicare
program we need you to take action. Please see the message below.

HELP US GET WASHINGTON TO FIX MEDICARE REGULATIONS ON
WHEELCHAIRS, SCOOTERS, AND SIMILAR DEVICES!

In December, 2003, as part of a new initiative to fight fraud in the Medicare wheelchair benefit, the Centers for Medicare and Medicaid Services (CMS) issued a "Policy Clarification" that severely limited access to wheelchairs and other mobility devices. After months of fighting by individuals like you and organizations like the ITEM Coalition, the Policy Clarification was retracted in March, 2004.

HOWEVER, THE FIGHT IS NOT FINISHED. Current Medicare regulations provide access to a mobility device only if needed for use in the four walls of a beneficiary's home and not if he or she needs it to fully participate in work, school, and the community outside of the home. The
regulations also only cover mobility devices for those beneficiaries who are "bed or chair confined," and not for those who can get out of bed but have limited mobility without a wheelchair, scooter or similar device.

We, with your help, are working to maintain momentum on this issue to ensure that Medicare's overly restrictive regulations are fixed. PLEASE VISIT THE ITEM COALITION
WEBSITE AT http://www.itemcoalition.org/takeaction.html TO TAKE ACTION ON THIS ISSUE. On this website, you can tell key policymakers to fix the Medicare regulations so that
Americans with Medicare can have access to mobility devices they need to be healthy, independent and functional.

Thank you.

Henry Claypool

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"Wisdom is supreme; therefore make a full effort to get wisdom. Esteem her and she will exalt your; embrace her and she will honor you." -Proverbs 4:7-8

 

New Peer Focus Group Meeting Brief

Monday, April 5, 2004

 

Well, the Brain Trust support group development committee is at it again. This time with the help of Mike and Marilyn Peters. We met with Mike and Marilyn in the social hall of St. John's Lutheran Church, in Swissvale, PA. Monday, April 5, 2004 to discuss their desire to get a group started there.

 

We shared the various support group development tools with them and talked about the need for peer-to-peer discussion groups.

 

The next meeting of this group will be held Monday, May 3, 2004 at 7 p.m. Anyone interested in attending can contact John Pistorius at jp@pabia.org or 412.481.0443 for more information.

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"A great memory is never made synonymous with wisdom, any more than a dictionary would be called a treatise." -John Henry Cardinal Newman

 

PABIA Meeting Brief

April 6, 2004

 

Sixteen people attended the meeting this evening. Instead of the usual routine of Speaker/presentation we opted for a peer-to-peer support format. Ed Crinnion started the meeting with a brief video presentation and then the discussion became lively.

 

One topic covered was recent PA SILC hearings with Paul Damon, Malin Lowenadler-Shadel and John Pistorius all sharing their experiences. Others included advocacy and the benefits of peer support. Several members expressed the benefits they have personally received from their involvement.

 

Rich Wagner suggested that we start a public awareness campaign to inform people about brain injury and peer support groups. He agreed to get the campaign going once he receives the Facts Brochure template on disc from John Pistorius. We'll keep you posted on future developments.

 

The next Pittsburgh meeting is scheduled for Tuesday, May 4, 2004.


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"Wisdom stands at the turn in the road and calls upon us publicly, but we consider it false and despise its adherents." -Kahlil Gibran

 

DREDF Update on IDEA Reauthorization

From the Disability Rights Education & Defense Fund

reserveidea@dredf.org
News Briefing  #33   April 1, 2004

TO JOIN THE RRN: Visit www.dredf.org and complete our online subscription form.  Earlier Briefings can also be found on our website: www.dredf.org.  We now have nearly 4000 subscribers.

SCHEDULE FOR SENATE BILL 1248: The bill could come to the Senate floor at any time; the latest dates under discussion are April 7 or April 8.  If the bill passes the Senate, it
will go to conference where it will have to be reconciled with the House bill, H 1350.

DREDF ACTIVITIES: DREDF has been actively involved in advocating for children and their parents in the Senate reauthorization process.  We continue to press for improvements as the process goes forward.  We have also joined the efforts of the Consortium for Citizens with
Disabilities (CCD). CCD's Education Task Force is comprised of over 50 of the over 100 organizations that make up the CCD coalition, including DREDF.  The Education Task Force
prepared a number of letters and documents that were delivered to Senators in Hill visits.  DREDF signed on to these statements, which reflect the views the RRN has been espousing since April 2002.

KEY MESSAGES ABOUT S. 1248: DREDF believes S. 1248 makes several improvements to IDEA that will result in students with disabilities meeting higher standards and achieving
greater educational results. These provisions include:

* POSITIVE BEHAVIOR SUPPORTS: The bill takes pro-active steps so that students receive the supports they need to manage their behavior. The bill also provides funding to schools to expand behavior supports and whole school behavior interventions.

* ALTERNATE ASSESSMENTS: The bill successfully addresses the need for states to increase research and development in the area of alternate assessments by creating Section
662(b)(3).

* SCHOOL TO LIFE TRANSITION: The bill includes several provisions to increase the success of special education students when they transition from school to the rest of their lives. Specific requirements are added to the Rehabilitation Act, and the bill strengthens the transition provisions of the Individualized Education Plan (IEP).

* PERSONNEL:  The bill applies the "highly qualified" provisions of No Child Left Behind to special education teachers. It strengthens and expands personnel preparation and personnel development authorities for both special education personnel and general educators.

Despite these improvements, the bill contains several dangerous provisions that weaken the rights of students with disabilities. These provisions include:

* ELIMINATING SHORT-TERM OBJECTIVES:  The bill removes short-term objectives from a child's Individualized Education Plan (IEP) and replaces them with a statement of the child's progress toward annual goals in the form of quarterly reports. This change will make it more difficult for parents and schools to measure student progress. Moreover, this provision may actually increase the paperwork requirements of IDEA.  The bill should require instructional objectives in IEPs.

* LIMITATIONS ON DUE PROCESS PROTECTIONS:  The bill limits due process protections for students with disabilities.  Specifically, the bill requires parents to present due process claims at an "opportunity to cure" IEP meeting that can be used to coerce parents into giving up their children's due process rights (especially as parents' attorneys cannot be reimbursed for participation in the meetings).  This provision is unnecessary, because current law already gives districts opportunities to resolve problems prior to a due process hearing.

* The bill also establishes a STATUTE OF LIMITATIONS that limits the amount of time parents have for filing a due process hearing request or for appealing a due process decision. This provision will leave those children who have experienced the most egregious and long-standing denials of FAPE without a remedy.  For example, 90 days (or less if the state so chooses) for parents to file an action in court at the conclusion of administrative proceedings is woefully insufficient for unrepresented parents.  The Senate bill also allows states to set their own statutes of limitations, and these can be shorter than the limits provided in the bill.

* MONITORING AND ENFORCEMENT:  Among the most important issues to parents and disability advocates are the effective implementation and enforcement of IDEA.  While
the Senate bill makes some improvements in these areas, it leaves too many major decisions to the U.S. Department of Education. For example, the bill does not define what constitutes substantial non-compliance, nor does it standardize specific benchmarks from state to state. The bill does not include Part C in the monitoring and enforcement activities.

* RESEARCH ADMINISTRATION: The bill redirects the research function from the Office of Special Education Programs to the Institute for Education Science (IES).  IES has no
track record in special education research.  Moreover, this move increases the disconnect between research and practice and seriously jeopardizes research on the needs of children
with significant disabilities and low incidence disabilities.

* PERSONNEL STANDARDS: The "highly qualified" definition for special education teachers needs clarification to ensure that all teachers new to the profession are trained in state-approved special education preparation programs. In addition, an appropriate definition of "highly qualified" for related services personnel should be included in S. 1248.

* FUNDING:  Parents and disability advocates support mandatory full funding of IDEA.  However, we oppose the provisions in S. 1248 that enable local education agencies to funnel IDEA funds to non-IDEA activities when states have never effectively met their obligations to students with disabilities.   It is past time for Congress to fund this law.

AMENDMENTS TO WATCH OUT FOR: Beware of amendments introduced on the Senate floor.  Two key issues not in the Senate bill as it was reported out of the HELP Committee
will likely surface as floor amendments.

* Attorneys' Fees: The Senate bill does not currently cap the amount of fees a court may award parents who prevail in due process proceedings nor does it allow the State (which
is sometimes a defendant in these actions) to determine the rate that parents' attorneys are paid, whereas the House bill contains these dangerous provisions.

* Paperwork Waiver: The Senate bill does not currently include a pilot program included in the House bill that would allow states to waive any IDEA requirement that might result in a real or perceived paperwork burden.

ON PAPERWORK REDUCTION: We are sensitive to the burdens paperwork places on teachers, but we urge great care in any effort to reduce paperwork; essential rights and
protections for children must not be compromised.  These rights and protections include tracking school accountability for special education service delivery, adequate documentation of student learning, and clear communication between parents, teachers, and administrators
so that all concerned understand a child's needs, agree upon goals, and agree to the means for achieving goals.


One way to reduce paperwork and streamline procedures is to computerize Individual Education Plan (IEP) forms and standardize reporting and accountability.  Some states,
including New York ("IEP direct"- www.iepdirect.com ) and South Carolina ("Excent"- www.excent.com) are already using these systems to assist teachers and school personnel to manage IEP development and data recording.  Any effort to reduce or waive existing requirements for documentation and data collection must take into account:

* Effectively measuring and reporting EACH child's progress in order to successfully implement an IEP

* Adequately documenting IEP team decisions to protect the student's right to full access to educational experiences in the least restrictive environment

* Requiring sufficient data to enable PARENTS and schools to track educational outcomes for students with disabilities in a timely manner

# # #
 

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"It requires wisdom to understand wisdom: the music is nothing if the audience is deaf."
-Walter Lippman

 

Medicaid Community Services and Attendant Services Act (MiCASSA) (S. 971)

Hearings to be held Wednesday, April 7

 

The Senate Finance Committee will hold hearings on the Medicaid Community Services and
Attendant Services Act (MiCASSA) (S. 971). This long awaited, much needed step in the legislative process will come just two weeks after 400+ ADAPT activists took over the Finance Committee hearing room in Congress to highlight the lack of action on MiCASSA.
 
Ask Senator John Kerry now to speak at the hearing!
 
John Kerry can lend a vital voice to MiCASSA, which establishes a national program of community-based attendant services and supports for people with disabilities, regardless of age or disability. This bill would allow the dollars to follow the person, and allow eligible
individuals, or their representatives, to choose where they would receive services and supports. Any individual who is entitled to nursing home or other institutional services
would have the choice where and how these services are provided.
 
Two million Americans live institutions and deserve a choice!  John Kerry can bring strong recognition to the cause of freedom!
 
You can contact John Kerry at the following locations:
 
Washington office
202-224-2742
202-224-8525 - fax

Boston office
617-565-8519
617-248-3870 - fax

Springfield office
413-785-4610
413-736-1049 - fax
 
Fall River office
508-677-0522
508-677-0275 - fax

Worcester office
508-831-7380

Kerry for President
617-367-1551
617-523-2033 - fax
 
On March 22, Senator Kerry said "I applaud the more than 400 ADAPT activists uniting in Washington, D.C. to demand their voices be heard regarding the critically important
issue of ending the immoral institutional bias in the Medicaid program We should help states carry out the Olmstead decision and enact MiCASSA and the Money Follows the Person Act. As with racial segregation, we must put an end to the institutional bias in Medicaid that prevents millions of Americans of all ages from experiencing freedom, independence and choice."
 
Ask John Kerry to again speak for freedom on April 7!
 
Contact Bill Henning at BCIL at 617-338-6665 or
bhenning@bostoncil.org for more information.


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The wisdom of the wise and the experience of the ages are perpetuated by quotations.

-Benjamin Disraeli

 

PA Statewide Independent Living Council Forums

Our voice was heard. -John Pistorius

 

The Pennsylvania Statewide Independent Living Council (PA SILC) held hearings on the State Plan for Independent Living (SPIL). These  hearings are supposed to help determine how independent living funds should be used to improve the lives of Pennsylvanians with disabilities. The hearings were scheduled for March 23, 25, 26, 30 and April 1, 2004.

 

Several members of our group attended two of these meetings and gave our suggestions, ideas and comments regarding the things we believe need to be addressed.  I followed up with a letter to further clarify my suggestions and to include others. The following is the letter that I sent to the PA SILC regarding the hearings, accessibility and the SPIL.

March 30, 2004

Pa Statewide Independent Living Council

2 N. Second Street, Suite 100

Harrisburg, Pa 17101

 RE: State Plan for Independent Living

 To whom it may concern:

 I am a volunteer with the Pittsburgh Area Brain Injury Alliance, a peer support organization. I’ve been involved since 1984. In recent years, I’ve assisted in the creation and facilitation of peer-to-peer support groups for people who experience non-fatal brain injury, parents and caregivers. I serve a large, growing constituency of individuals in Southwestern PA.

 I am the creator and webmaster of the www.pabia.org website and the creator and editor of the PABIA-NEWS, Support Lines email newsletter. My volunteer activities in this respect have taught me the value of timely notification on matters of importance to the people I serve.

 Throughout the years of my involvement, I’ve served on several steering committees, boards of directors and advisory boards and committees. In my personal life, I’ve created and successfully directed a small corporation. These experiences have given me insight into the workings of boards and committees. I understand the need for any board or committee to perform its duties in a way that satisfies its mission or purpose. Otherwise, it is operating fallaciously. You must commit to taking action to insure that the PA SILC sets goals that are in line with the fulfillment of its mission and purpose. Therefore, it is my pleasure to help you folks set the agenda for your direction over the next three years.

 My comments are meant to help the PA SILC to advise the Governor and his administration on the development and implementation of public policies impacting people with disabilities. The focus of my comments is on policies which empower Pennsylvanians with disabilities and their supporters. This includes consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy. In order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities the PA SILC must include them in a functional way. To maximize the integration and full participation of individuals with disabilities into the mainstream of American society, the PA SILC can make policy recommendations that will foster the improvement, expansion and provision of Independent Living services.

 I attended the SPIL hearing that your council held March 26, 2004 at the Wingate Inn in Latrobe, Pennsylvania. While there, I shared some of my views, asked for clarification about the mission of this Council and expressed my concerns about the process.

 Throughout the next three years, the PA SILC board members have the opportunity to use your collective power and legal mandate to develop and secure public policies that insure civil rights and expand options for all people with disabilities in all aspects of life. The PA SILC has a role and a responsibility in changing the system because it isn't meeting the needs of people with disabilities. I am writing to further voice my opinion about the direction that your council will take in the pursuit of satisfying the PA SILC mission and in the SPIL.

 I have a clear vision of a unified voice in the future. This is the voice of the people with disabilities who have not sold out. It is a collective voice that gives to receive. This voice defines what the people really need to live independently. It is a harmonious voice that articulates the greater good.  This voice does not fit in the current format. It is a voice of inclusion and community-based service provision; consensus on consumer choice; eliminating program eligibility requirements based on medical-model labeling; and breaking the institutional bias of service provision. This voice is one that uses functional need as the criteria for service provision. It is a universal voice that refuses to be taken prisoner. This voice does not suit the likeness that is currently portrayed. It is a limitless voice that gets people to look, think and live outside of the box. This voice is enlightened. It emanates from a sacred, timeless place. This is a voice that refuses to be what society expects it to be. It is a global voice that dusts off, unwraps, opens, cleans out and sterilizes the old container of paradigms to eliminate the barriers they place between people and true Independent Living. This voice travels far beyond the realms of expectation. It returns with a model of a new standard of unity and inclusion. This voice does not sell itself for fame and fortune. It is willing to pay the price for independence. This voice speaks clearly in the language of the people it serves. It is the voice that does not portray an image of so-called independent living while keeping people enslaved. This voice announces and supports true independence and reveals the pretenders’ lips. It is the voice that cries out through the centuries from the place where time does not exist. This voice desires to not follow the dreams and aspirations of self-indulgence. It is the voice that overcomes attitudinal barriers to true independent living. This is the voice of the meek. It screams out from the institutional graveyards to free our people.

 The time has come for this council to provide the disability community in the Commonwealth of Pennsylvania with the service of its mission to live up to its purpose. That said I’ll go on to testify to this council about the ways that I envision the aforementioned voice being developed and heard in Pennsylvania.

 The PA SILC should maintain an open database of its operations. This could easily be accomplished with a website that includes all public information. This website could also be used to give public notice of hearings well in advance of meetings. You could also offer an email ‘alert’ service to improve your outreach efforts to grassroots group leaders. Increased advertising and an enlightened outreach program would improve attendance at your public hearings.

 The PA SILC needs to plan the locations of meetings better. You should hold public hearings in densely populated areas of the state as well as rural areas and those with lower density populations. In my efforts to promote the recent hearings I learned that many people were either unable or unwilling to travel 50 (or more) miles to attend hearings. Most were unable to secure transportation, did not have an expense account to fund the trip or were unable to take time off from work. Holding hearings outside of the metro Pittsburgh and Philadelphia areas presented a significant barrier to a large number of consumers. Given the fact that few hearings are scheduled, holding two hearings within a ten mile distance of each other (Greensburg and Latrobe) was redundant. These two hearings (held a few days apart) appear to be a slap in the face to the thousands of consumers who live in the Greater Pittsburgh region. It is unreasonable to exclude the larger metropolitan areas of the Commonwealth from the hearing process. The PA SILC should hold more hearings to better accommodate the people across Pennsylvania.

 The PA SILC needs to give more notice of upcoming meetings and public hearings. I believe that you must remove barriers to their participation to form an accurate assessment of the needs of the people you propose to serve. Three weeks notice is not enough lead time for most people to make the necessary arrangements and preparations to attend. Regardless of the number of responses you receive, under the circumstances, you are not obtaining an accurate sampling of the needs of all people with disabilities. Whether active or inactive, employed or not, time constraints amplify other barriers to full participation in your hearings. You must give more time to the people to organize their thoughts, ideas and suggestions and to make the necessary arrangements to attend.

 Periodic press releases and information dissemination can be effective means for announcing these hearings. Your public awareness committee should create press releases designed to improve awareness of the PA SILC, its policy recommendations and public hearings. Increased attendance would improve the input and thereby, the direction of the SILC.  Set your next hearing dates at least twelve months in advance and begin the public notice campaign immediately upon setting the dates. Notices could be made via press releases every other month with the first notices containing the dates, the next containing the dates and places, the third with dates, places and times. The series of releases could be created all at the same time, but released on a schedule. Important quotes about the PA SILC, its membership, mission and purpose could be used as additional benefits to consumers. Even if you were to announce the dates, etc. in a series of six press releases each month in advance of the hearings, it would be better than the way you are doing it now. This process would insure adequate notice to the public and improve hearing attendance. The press release series could easily be programmed into an email auto responder and sent out to disability advocates on a schedule, automatically. The only effort required in this action is to create the releases and place them into the auto responder. The PA SILC website could have a link that permits people to access this information with one click of the mouse button. Giving people the opportunity to access information sooner and over an extended period of time will help the PA SILC to expand options for all people with disabilities in this aspect of life, thereby enabling them to participate.

 The SILC hearings should have an impartial, disinterested, non-board member stenographer to insure exact, accurate recording of the testimony. This would instill confidence in people who otherwise believe that their ideas will not be valued, accepted or included. This would also improve attendance at the SPIL hearings. The record of these hearings could then be made available to anyone interested via several means including posting on the PA SILC website and via email auto responders.

 The PA SILC board could benefit from additional leadership training.

 The PA SILC board can improve the time schedule of public hearings to accommodate more people who are employed. To improve access to all persons with disabilities and others, the hearing time frames should be expanded to include people who would attend during their lunch break. This could be accomplished by splitting the hearing into two parts, with one session held from 10 am to 1 pm with an hour long break to accommodate the needs of all persons involved. It would be a reasonable accommodation to the people who refuse to jeopardize their job. Many people would not even consider attending the current hearings because of time constraints.

 The PA SILC board should address transportation issues. All public utilities need to be accessible. This includes cab companies. Every cab company in the Commonwealth should accommodate all people, not just those who do not use power mobility equipment. People with disabilities could use transportation tickets that did not restrict their choice of service providers. In the Allegheny County area, instead of being herded into ACCESS vans, the consumers would have real choice. If this were to happen, the ACCESS transportation system would have some competition. That would prompt them to improve their service delivery model to better include all people with disabilities. This would also break down county specific barriers. Incentives to create smaller regional transportation networks can be established to improve the availability of accessible transportation for people with disabilities even in remote areas of the Commonwealth. This could be accomplished by providing tax incentives to offset start-up and operating costs. At the very least, the SILC could recommend that a study be performed to accurately assess the need for improved accessible transportation systems.

 The PA SILC should recommend policy changes that include educating our educators about the functional needs of people with cognitive disabilities. Too many parents who are themselves just learning about the functional needs of their children, are forced to struggle to get the schools to provide a free, appropriate education to their children. Often times, children who sustain brain injuries are left with a complicated series of cognitive, behavioral and emotional disabilities. Very often, these children appear to be without disability. Sometimes, their disabilities are labeled as mental health or mental retardation disabilities. Instead of addressing their functional needs, the educators routinely make parents fight for their children’s rights. Educating the people who operate our schools would improve the educational outcomes of children with disabilities.

 The PA SILC should recommend policy changes that include working with schools to promote the concept of Independent Living with the educators, students and their families. Raising public awareness starts in our schools. Educating people with disabilities and others must be a primary concern. The PA SILC website could be used to help disseminate information about legislative issues that influence education and affects an individual’s ability to live independently. The process of raising public awareness would help people with disabilities to experience higher quality of life standards.

 With state and federal budget cuts becoming commonplace, The PA SILC needs to further develop a public relations campaign to increase additional methods of fundraising for CIL’s. This organized effort could establish additional alternative sources of funding through foundations, corporate donations and the general public. Increased funding sources would positively impact the operating budgets for Center’s for Independent Living. This would improve accommodation of the needs of the people served and increase the ability of CIL’s to accomplish their missions. Some CIL’s need more to operate than others by virtue of their geographical location and population of their service area. This should be reflected in their budgets and fundraising efforts.

 The PA SILC needs to advocate for a CIL budget increase to cover the salary of fundraisers in each CIL.  If they do not already have one, each CIL could hire a performance based fundraiser. Their job would be to ‘sell’ the CIL to funding sources. They could be paid a base salary plus performance based ‘commission.’ Their base salary should come as an increase in funding to the CIL from the state or federal government. This expense would be offset by the reduction in the need for additional tax-based funding and increase in services provided which would enable more people to become taxpayers instead of tax users.

 The PA SILC should recommend reduction or elimination of the population criteria used to determine the number of CIL’s in rural Pennsylvania. I believe the population criteria established at 500,000 per CIL is unreasonable at best. The percentage of our population experiencing disability means each CIL is expected to serve more consumers than their operating budgets will permit. In areas with large populations, this number increases exponentially. This significantly reduces the percentage of the population with disabilities that can effectively be served. In rural areas, the 500,000 number acts (in conjunction with transportation issues and other societal barriers) to discriminate by making it impossible for people to access the CIL. Undoubtedly, people who live the greatest distance from a CIL must overcome the largest barriers to accessing CIL services. This form of discrimination must be addressed to insure civil rights and expand options for all people with disabilities in all aspects of life. Therefore, I believe the population criteria number needs to be reduced or eliminated.

 The PA SILC should recommend and advocate for more CIL’s. The geographical criterion is unreasonable in the major metropolitan areas of the Commonwealth. In Southwestern PA, the TRCIL is unable to handle all of the people in its territory. This factor significantly affects the real number of people who are excluded from accessing services and acts to cause a waiting list. In the process of waiting, people with disabilities are not able to receive services that could empower them to live independently. Even if we use the current standard of one CIL per 500,000 residents, the people in heavily populated areas are grossly underserved. Creating and funding more CIL’s should be a priority in the next three years.

 The PA SILC board should hold all meetings, hearings etc. in a manner that is cognitively accessible. Almost 9,000 people survive brain injury each year in Pennsylvania. This number only represents the reported cases. Many of the people who survive tbi experience cognitive disabilities. My experience at the SPIL hearing shed light on the fact that the planning and holding of that hearing was not cognitively accessible. The HCBS has an excellent guide for planning meetings, conferences and gatherings entitled Making Accessibility Real. This guide should be used by the PA SILC to insure inclusion of all people with disabilities based on functional need. Otherwise, from what I witnessed, and experienced, the PA SILC is participating in discrimination against people experiencing cognitive disabilities and restricting options for people with disabilities in this aspect of life. The PA SILC needs to address the needs of people with cognitive disabilities in all aspects of its function and operation.

 The PA SILC should strengthen support to the NCIL to reinforce the collective voice of consumers on national issues. This would improve the ability of people with disabilities to make unified positive inclusion and integration strategies occur on a national level. By pooling talent and skills, the national organization could assist the state SILC’S and CIL’s to accomplish their respective missions and thereby better serve the people.

 The PA SILC should be the organization that unifies the voice of the people with disabilities in the Commonwealth of Pennsylvania. It should set a precedent in public policy influence here that can become a model for other state SILC’s to follow. And it should be the leader in the push for a truly unified national voice of all people with disabilities to develop and secure public policies that insure civil rights and expand options for all people with disabilities in all aspects of life.

 Respectfully submitted,

 John Pistorius

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There is a wisdom in this beyond the rules of physic: a man's own observation what he finds good of and what he finds hurt of is the best physic to preserve health. -Francis Bacon

 

FEC Proposal to Limit Nonprofit Advocacy

WHAT YOU CAN DO RIGHT NOW
In Priority Order

The following memo from an alliance of civil rights groups responds to the Federal Election Commission's recent vote to consider redefining many nonprofit groups as political
committees.  Such a move would subject many nonprofit groups to vast reporting requirements and effectively limit advocacy.  The FEC Working Group urges us to contact
members of Congress and the FEC.

Jonathan Young
JFA Moderator, AAPD

=============================

TO:   All Nonprofit Organizations
FROM: Federal Election Commission (FEC) Working Group
DATE: March 26, 2004
RE:   Summary and timeline of efforts to defeat proposed FEC rule changes that would restrict the free speech rights of nonprofit groups.

This message provides a summary of the efforts discussed at the FEC Working Group meeting held on March 24th at People For the American Way's offices to defeat proposed FEC rules that would severely restrict nonprofit advocacy. Please distribute this message widely to your networks of nonprofit groups, including but not limited to nonprofits operating as 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(6), or 527 organizations.

SUMMARY OF OUR OBJECTIVE

On March 4, 2004, the FEC voted 5-1 to consider new rules that would have the effect of redefining many nonprofit groups as political committees, thereby forcing these groups to meet vastly more stringent financial and reporting requirements or to forego many of the advocacy and civic engagement activities at the core of their missions.

The FEC Working Group believes that:

1) the proposed rules clearly exceed the FEC's authority;

2) the proposed rules attempt to impose limits on nonprofits' free speech rights that Congress and the Supreme Court have clearly rejected; and,

3) given the above, the proposed rules should not be considered in the middle of an election year and should only be considered by Congress, not the FEC.

Therefore, the FEC Working Group is determined to defeat the proposed FEC rule changes.

CAMPAIGN TIMELINE

March 31 - FEC Working Group will circulate comments to the FEC with specific instructions on how nonprofit groups may sign on. A sample e-mail alert to other nonprofit groups
and to nonprofits' individual members will also be provided.

April 5, 9 a.m. - Deadline for nonprofit groups to sign on to FEC comments (nonprofits signing on after this time cannot testify at the FEC hearing).

April 14 and 15 - FEC hearing on proposed rules.

May 14 - Earliest FEC could issue final proposed rules.

WHAT YOU CAN DO RIGHT NOW

1) Notify other nonprofits of the FEC proposed rule changes and the efforts to defeat them.  Visit the link below for:

  - talking points
  - specific examples of how various nonprofit entities would be impacted
  - a copy of the comments to the FEC in February that were endorsed by over 500 organizations in opposition to an FEC Draft Advisory Opinion that also threatened nonprofit advocacy http://www.pfaw.org/pfaw/general/default.aspx?oId=14670

2) Send an organizational letter of opposition to Members of Congress and urge them to submit comments opposing the proposed rule changes to the FEC.

3) Send an e-mail alert to your individual members (if applicable) asking them to write the FEC. A sample grassroots alert will be sent shortly for you to distribute to your members.

4) Notify your members and/or affiliates in the metropolitan Washington, D.C., area of the April 14-15 FEC hearing and ask them to attend.

# # #


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Remember, we all stumble, every one of us. That's why it's a comfort to go hand in hand.

-Emily Kimbrough

 

Talk Back!

Subscriber Comments

Thanks for listening and talking with me. Have a nice day, be safe, God bless, and you are doing a great job. -Barb

 

Your words are good and I know there is truth in what you say. -John

 

Keep up the great work on your list serve and e-newsletter. I enjoy reading it. -Alan

 

Thanks for the work you do in PA. Regards, Barbara

 

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Wisdom comes by disillusionment. -George Santayana

 

PROPERTY TAX RELIEF

IssuesPA Takes a Look at The Numbers


The debate over whether to authorize slots for school property tax relief statewide heats up this week as policymakers consider proposals to provide property tax relief primarily through an expansion of legalized gambling.

If Pennsylvania places this bet, who are the real winners and losers? IssuesPA continues its series on Property Tax Relief by taking a look at the numbers - district-by-district - and looking at the impact on different types of taxpayers.

**Property Tax Relief: Taking a Look Inside the Numbers
The goal? Property tax relief through expanded legalized gambling. The potential result? Take a look at how taxpayers in different school districts would fare.

http://www.issuespa.net/articles/7425/

**Property Tax Relief: The Numbers
Click here to learn how districts in your region would fare. Data sorted by county and district.

http://www.issuespa.net/articles/7422/

**Property Tax Relief: Assessing the Impact on Taxpayers
How would proposed property tax relief proposals impact different taxpayers: renters, homeowners, high, middle and low income? IssuesPA takes a closer look.

http://www.issuespa.net/articles/7426/

**Property Tax Relief in Pennsylvania: The Devil's In the Details
It's easy to get caught up in the rhetoric and the numbers. And it's just as easy to get stuck with "tax reform" that really isn't. There's still time to deal with issues of risk, benefits, and fairness before state policymakers place this big bet for Pennsylvanians. Later may be too late, because this is a bet we can't afford to lose.

http://www.issuespa.net/articles/7114/

LINKS TO RELATED STORIES ON ISSUESPA.NET

Want to know more about the gambling debate and property tax relief proposals? Look below for links to background information.

PROPERTY TAX RELIEF

Slots and Property Tax Reduction: Unfinished Business
http://www.issuespa.net/articles/6352/

The Formula: Here's How It Might Work
http://www.issuespa.net/articles/7116/

Referenda and their Implications for Education Finance
http://www.issuespa.net/articles/7118/

What's Behind the Rhetoric?
http://www.issuespa.net/articles/7117/

GAMBLING

Gambling Toward Tax Reform -- In the Game to Win
http://www.issuespa.net/articles/4295/

Gambling Toward Tax Reform -- Putting a Billion Dollars in Perspective
http://www.issuespa.net/articles/4294/

Gambling Toward Tax Reform -- In the Mix
http://www.issuespa.net/articles/4293/

Gambling Toward Tax Reform -- Gambling in Other States
http://www.issuespa.net/articles/4292/

PENNSYLVANIA'S TAX SYSTEM

On Taxes: Where Does Pennsylvania Really Stand?
http://www.issuespa.net/articles/315/

Pennsylvania's Local Taxation "System"
http://www.issuespa.net/articles/304/

The Philadelphia City Wage Tax -- A Special Case
http://www.issuespa.net/articles/4291/

The Property Tax -- The Tax People Love to Hate
http://www.issuespa.net/articles/3531/

How Do Property Taxes Measure Up?
http://www.issuespa.net/articles/3491/

The Property Tax -- How Steep Is The Price?
http://www.issuespa.net/articles/3532/


(Editors note: My schedule has not permitted me to read and review all of the information presented by IssuesPA on this subject. I'm offering it here as a way for readers to enrich their knowledge on this issue.)

 

ABOUT ISSUESPA AND E-ALERTS

The IssuesPA E-Alert is a product of the Pennsylvania Economy League's IssuesPA project. IssuesPA is a nonpartisan statewide awareness project focused exclusively on raising the issues most critical to Pennsylvania's economic future. It is funded in part by the Pew Charitable Trusts, The Pittsburgh Foundation, The William Penn Foundation and The Heinz Endowments.

The Pennsylvania Economy League (PEL) is an independent, nonprofit public policy research organization. PEL is a force for positive change - the state's leading regionally based, statewide public policy organization. Working with Pennsylvania's public and private sectors, PEL provides independent research and insight on emerging issues to stimulate public and private action to make Pennsylvania a better place to live, work and do business. PEL's goal is to create a knowledgeable corporate and civic audience that will ensure the Commonwealth's economic competitiveness.

Pennsylvania Economy League
17 S. Market Square, Suite 310
Harrisburg, PA 17101-1113
717-234-3151
E-Alert@IssuesPA.net
www.IssuesPA.net
 

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Wisdom is not finally tested in the schools, Wisdom cannot be pass'd from one having it to another not having it, Wisdom is of the soul, is not susceptible of proof, is its own proof.

 -Walt Whitman

 

Cognitive Dissonance IX

Us and Them

John Pistorius

 

Please Click Here to read this installment.
 

Thanks for reading on. -JP

 

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All this worldly wisdom was once the unamiable heresy of some wise man. -Henry David Thoreau

 

Under Cottonwoods

A novel by Steve Grace

 

Steve has graciously sent me a copy of his novel for review. I'll be including my comments in this newsletter as soon as I can. In the meantime, here is a note from the author:

 

-I'm not a survivor, but a relative of mine is. When I was a teenager she sustained a traumatic brain injury in a car accident. In college, a friend of mine died of massive head trauma from a fall while rock climbing. He was in a coma before he died; I've spent a lot of time over the years wondering what his life would have been like if he'd come out of the coma. After college, for six years, I worked with survivors of traumatic brain injury. Many of them had their injuries at a young age, leading to developmental disabilities. My favorite part of the job was finding ways for the people I worked with to participate in outdoor activities. We went skiing and rafting, camping and fishing. My novel, Under Cottonwoods, was inspired by those experiences.

I hope my book helps raise awareness about survivors. I wrote it for the average reader of fiction with little or no background in the fields of traumatic brain injury and developmental disability. I would like readers to come away from the story thinking that someone like Walter--who survives a traumatic brain injury as a boy, leading to a developmental disability--is worth getting to know.

Please feel free to contact me if you have any question or comments about Under Cottonwoods.

Stephen Grace
2458 N. 9th St. #22
Laramie, WY 82072
(307) 742-9198
stevegrace1@juno.com


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Wisdom does not show itself so much in precept as in life - in firmness of mind and a mastery of appetite. It teaches us to do as well as to talk; and to make our words and actions all of a color. -Lucius Annaeus Seneca

 

Free Support Group Tools

Free Help for anyone Starting or Running Peer Groups

 

Contact John Pistorius at jp@pabia.org to receive a free CD with the support group tools developed so far.

 

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The growth of wisdom may be gauged exactly by the diminution of ill temper. -Friedrich Nietzsche

 

Fatty Acids Reduce Risk of Alzheimer's Disease by 50%, Protect Brain Functions

Super charge your brain

Middle-aged adults who eat fatty fish regularly or take supplements of marine omega-3 polyunstaurated fatty acids are less likely to experience impaired cognitive function and speed, suggests new research from the Netherlands.

Higher dietary cholesterol however was associated with an increased risk of impaired memory and flexibility.

The study is the latest to investigate the relationship between dietary fats and early symptoms of dementia such as cognitive performance in ageing people.

Researchers at Tufts University in Boston, US last year found that boosting levels of docosahexaenoic acid (DHA) in the blood and eating about three fish meals each week can almost halve the risk of Alzheimer's disease in elderly men and women. Another study, published in the British Medical Journal, found that elderly people who eat fish or seafood even once a week are at lower risk of developing dementia, including Alzheimer's disease.

The cause of Alzheimer's, a debilitating disease which affects an estimated 12 million around the world, is still not known and it is expected to increase along with the numbers of elderly.

The new study, by researchers from the University Medical Center Utrecht and the University of Maastricht, not only demonstrated the benefits of omega-3s but also the impact of high cholesterol.

The researchers used data from a cross-sectional population-based study of 1,613 subjects ranging from 45 to 70 years old. Over a five-year period they tested for memory, psychomotor speed, cognitive flexibility (i.e. higher order information processing), and overall cognition. A self-administered food-frequency questionnaire was used to assess eating habits and risk was adjusted for age, sex, education, smoking, alcohol consumption, and energy intake.

Marine omega-3 polyunsaturated fatty acids (eicosapentaenoic acid and docosahexaenoic acid) were found to reduce the risk of impaired overall cognitive function by almost 20 per cent and speed by 28 per cent, reports the team in this month's Neurology (62:275-280). Fatty fish consumption also had a similar benefit on cognition.

Meanwhile higher dietary cholesterol intake was significantly associated with an increased risk (by 27 per cent) of impaired memory and flexibility. Increase in saturated fat intake also raised the risk of impaired memory, speed, and flexibility although not significantly.

Researchers speculate that DHA levels could be a risk factor for development of the disease. It is the most abundant fatty acid in the brain, which consists mostly of fat. About a fifth of that fat cannot be formed by the body however and people have to get it from their diet.

Another study in the same journal shows that free testosterone concentrations were lower in men who developed Alzheimer's disease, and higher levels of the hormone could also offer protection against the disease in older men.

(Source: LONGEVITY NEWS, February 3, 2004 to subscribe, visit their website at http://www.youngagain.com/ )

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Wisdom is not wisdom when it is derived from books alone. -Horace

 

Working Order

Nonprofit small business incubator

Last November, Megan from Working Order spoke at the PABIA peer support group meeting. I asked her to send me some information to be included in our newsletter, which she promptly did. However, her message was lost in my computer switch and has now been retrieved. Please forgive me for the delay.

Working Order promotes entrepreneurship and other employment opportunities for people with disabilities. They provide support for self-employment and alternative careers and offer a diverse, cooperative work setting that also serves people without disabilities. Their services include, functional assessment of skills, feasibility planning, long-term supports for those who choose self-employment as a career, technical assistance as well as employment services. If you would like more information on Working Order, please call 412-782-5344 or email entre@workingorder.org.  

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This is the highest wisdom that I own; freedom and life are earned by those alone who conquer them each day anew. -Johann Wolfgang von Goethe


Pittsburgh Area Brain Injury Alliance

Upcoming Meeting and Social Event Notices

 

Pittsburgh

Monroeville

Swissvale

Oakland

Indiana Twp.

Indiana County

Bowling Event

 



Next Pittsburgh Area meeting date: Tuesday, May 4, 2004

TIME: 7:00 P.M.
TOPIC: TO BE ANNOUNCED
PLACE: 1323 Forbes Avenue, Pittsburgh Near Mercy Hospital and AJ Palumbo Center
ADMISSION: Free
PARKING: Free Parking Lot adjacent to the building.
Contact: Ed Crinnion at 412.761.9870 or John Pistorius at 412.481.5482.
Refreshments provided.

 

Upcoming Pittsburgh Meeting Dates: Ed Crinnion and guests 2-3-04

  • May 4

  • June 8

  • July 6

  • August 3

  • September 7

  • October 5

  • November 2

  • December 7

Back to group list


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The next Indiana Twp. meeting date: Tuesday, April 13, 2004

Time: 7:00 P.M.
Place: the McLaughlin Education Center of HealthSouth, Harmarville.
Admission: Free
TOPIC:
Parking: Free Parking in the HealthSouth Parking Garage
Contact: Tom Byrnes at 412-531-0343
Refreshments provided.

 

Upcoming Indiana Twp. Meeting Dates: Mike & Mom & Malin February-04

  • MAY 11

  • JUNE 8

  • JULY 13

  • AUGUST 10

  • SEPTEMBER  14

  • OCTOBER 12

  • NOVEMBER 9

  • DECEMBER 14

Back to group list

 

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The next Monroeville Area meeting date: Thursday, April 8, 2004

Paul Damon 2-12-04TIME: 7:00 P.M.
PLACE: Cross Roads Presbyterian Church, 2310 Haymaker Road, Monroeville, Pa.
TOPIC:
ADMISSION: Free
PARKING: Free parking lot adjacent to the building.

Contact: Denise Patterson at deenomad@aol.com or Paul Damon at 412.372.2888
Refreshments provided.

 

Upcoming Monroeville Meeting Dates:

  • May 13

  • June 10

  • July 8

  • August 12

  • September 9

  • October 14

  • November 11

  • December 9

Back to group list

 

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New- Indiana County Brain Injury Support Group


Bruce Marion and guestsWhen:
Thursday, April 15, 2004
Time:
7 to 9 pm
Topic:
Peer Support Discussion
Place:
Indian Haven Community Home, 1675 Saltsburg Ave., Indiana, PA 15701
Admission:
Free
Parking:
Free Parking Lot adjacent to the building.
Contact:
Becky Myers 724.349.5934 or BILL Compton 724.639.9416
 

Back to group list

 

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NEW Swissvale Area Brain Injury Peer Support Group forming.

 

Mike and Marilyn Peters have agreed to host a new peer-to-peer support group in Swissvale. The meetings will be held Monday, May 3, 2004 in the social hall of the St. John's Lutheran Church, Swissvale, PA. All persons interested in peer support are welcome and encouraged to attend. More specific information will be sent out in advance of the meeting.

 

Back to group list

 

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NEW  Focus group has started in Pittsburgh to address the needs of adults recovering from Brain Injury who are facing the challenge of professional role continuation, and those seeking reintegration into educational and work settings.

Individuals looking to obtain or maintain increased levels of independence and community functioning  are encouraged to attend.

This peer directed, professionally facilitated support group started meeting bi-monthly Monday, February  9, 2004. The next meeting will be held Monday, April 12, 2004.

Persons interested in attending can contact John Pistorius at 412.481.5482 or click here.

Upcoming meeting dates

  • Monday, April 12
  • Tuesday, April 27
  • Monday, May 10
  • Tuesday, May 25
  • Monday, June 14
  • Tuesday, June 29 (this date might change)

Back to group list

 

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Western PA BIM / HS Recreational Bowling League


Where: Fun Fest Entertainment Center, 2525 Freeport Road, Pittsburgh, PA 15238
WHEN: Monday April 19th.
COST: $7 per person, for 3 games, shoes, 2 slices of pizza & unlimited fountain drinks.
TIME: 3:30 PM TO 6:30 PM on Lanes #35 to 40

Bowling at Fun Fest is Wheel Chair Accessible and there are Bowling Ramps.
For more information contact Tom Byrnes at 412-531-0343.

 

Back to group list

 

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"The only true wisdom is in knowing you know nothing." -Socrates

 

Thank You!

These are the people that make it possible.

 

Ed Crinnion (412) 761-9870 for your continuing efforts in keeping the Pittsburgh Area Brain Injury Alliance together, funding the organization's website and supplying refreshments for PABIA meetings.

Becky Myers (724) 349-5934 and Bill Compton (724) 639-9416 for your continuing commitment to peer support in Indiana County.

Denise Patterson and Paul Damon (412) 372-2888 for your ongoing coordination of the Monroeville area Peer Support Group.

Ann Ciotoli, MaryAnn Stritmatter 412-828-1300 and Tom Byrnes (412) 531-0343 for your  commitment to peer support in Indiana Twp.

Malin Lowenadler-Shadel and Lisa Taubman, for your help with the new group addressing the interests and needs of adults recovering from Brain Injury who are facing the challenge of professional role continuation, and those who seek reintegration into educational and career settings.

Mike and Marilyn Peters and Malin Lowenadler-Shadel  for your help with the new group starting in Swissvale.

Jim Sproat and Realty Counseling Co. Inc. (412) 381-1166  for your support of the PABIA-NEWS, electronic newsletter and for the use of your digital camera. We greatly appreciate your help. Anyone interested in contacting Jim to thank him personally, can call or visit his website at http://www.realtycounseling.com.

PABIA-NEWS Contributors- your insight, articles, poems and comments are vital to the success of this publication.

 

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Wisdom has its root in goodness, not goodness its root in wisdom. -Ralph Waldo Emerson

 

PABIA-NEWS Subscriber Policy

 

We aim to inform, inspire and empower people to be their best. We value every subscriber and respect your privacy. Our subscriber list is NOT made available to anyone for any reason. We do not sell, rent or loan our mailing list. If you find this newsletter to be of value, we invite and encourage you to forward it (in its entirety, please) to your friends. Sometimes people choose to stop receiving "PABIA-News". You may unsubscribe at any time by following the instructions provided at the end of this message. We don’t want to send this to anyone who doesn’t wish to receive it, and we will make every good faith effort to remove you if you notify us of your intent to be removed.

 

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The doors of wisdom are never shut. -Benjamin Franklin


Subscribe/Unsubscribe Instructions

 

Visit: http://www.pabia.org/ and click on the subscribe/unsubscribe link and follow the simple procedure on our list server's form to add or remove yourself.

or

To Subscribe- Send a blank email to:  PABIA-NEWS-SUBSCRIBE-REQUEST@LISTSERV.TBINET.ORG (your Subject: line may say JOIN)

To Unsubscribe- send a blank email to PABIA-NEWS-SIGNOFF-REQUEST@LISTSERV.TBINET.ORG (your  Subject: line may say REMOVE)

 

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And so, without a sword, David defeated and killed Goliath with a sling and a stone!

-1Sa 17:50


 

 

'Till next time, Seek to be and remain Barrier-Free.

 

 

 

Thank you for subscribing and reading this newsletter. It is yours. This newsletter may contain articles, news releases and other items of interest supplied by or received from third parties. Nothing contained herein is to be substituted for medical, legal, accounting or other professional advice.

The contents of this E-zine may be copied, reproduced, or freely distributed wholly or in part for all nonprofit purposes without the consent of the author as long as the following copyright notice and contact information are included.

Copyright ©2004 John Pistorius jp@pabia.org. Permission granted to freely copy, use and distribute for non-profit purposes only.

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