PROTECTION & ADVOCACY

Oklahoma Disability Law Center, Inc.

December, 1998

In this issue:

(1) DD Council Meeting Dates for 1999

(2) EDUCATION: COPAA

(3) EDUCATION: Section 504 and others online

(4) U. S. Supreme Court to Hear "Integration Mandate" Case

(5) NAPAS Supports National Legislation to Eliminate Deadly Restraint

(6) How to File Complaints Under ADA (by Keybridge Foundation)

(7) Assistive Technology Task Force Minutes

(8) Oklahoma Commission on Children and Youth (OCCY)

(9) Website Accessibility

(10) ODLC's Website -- Disability Law List Calendar

 

 

DEVELOPMENTAL DISABILITIES COUNCIL MEETING DATES FOR 1999

Tuesday, February 9, 1999 1:00 p.m.

Oklahoma City -- CCOSA Building

2901 North Lincoln Blvd. (corner of N.E 28th and Lincoln)

Tuesday, May 11, 1999 1:00 p.m.

Tulsa -- Boardroom, Tulsa Community College, Northeast Campus

3727 E. Apache

Tuesday, August 10, 1999 1:00 p.m.

Oklahoma City -- CCOSA Building

2901 N. Lincoln (corner of N.E. 28th and Lincoln)

Tuesday, November 9, 1999 1:00 p.m.

Tulsa -- Room 155, North Hall

OSU - Tulsa (formerly Rogers University/UCT)

700 N. Greenwood

For more information about Council meetings or to confirm dates, please call the Council at (405) 528-4984.

 

 

 

EDUCATION: COPAA

Council of Parent Attorneys and Advocates (COPAA) has rapidly expanded its on-line resources to help you as an advocate, parent or attorney in recent months. That's why you should be checking COPAA's web page http://www.copaa.net regularly. Current contents include: NEWS STAND with recent media coverage of selected disability and education issues (your submissions are invited); LITIGATION DATA BASE (your submissions are invited); LEGAL RESOURCES BY STATE, provides where to find your state's statutes, regulations, policies and other information governing the provision of special education; DISCUSSION LIST for exchanging ideas on how to solve problems, find information with other attorneys, advocates and parents; this list is not open to school personnel or their attorneys. Their website homepage is http://www.copaa.net.

EDUCATION: SITES ONLINE

Section 504 and Education:

http://www.ed.gov/offices/OCR/ocr504.html

http://inform.ospi.wednet.edu/sped/Publications/504.html

Section 504 of the Rehab Act, 29 U.S.C. 794

http://www.law.cornell.edu/uscode/29/794.shtml

Most of you probably blaze a trail to these sites regularly, but for those of you who don't . . . Go to http://www.ed.gov/offices/OCR/ and follow the links. Statutes of particular interest are the IDEA (Individuals with Disabilities Education Act) and Sec. 504 of the Rehabilitation Act of 1973, which protect the rights of school children with disabilities.

U.S. SUPREME COURT TO HEAR "INTEGRATION MANDATE" CASE

The Supreme Court agreed to decide whether people with mental illness must be given a chance at group homes or other community-based programs rather than being placed in institutions. Lower courts said Georgia had to provide that opportunity, a requirement 22 other states contend would have "catastrophic effects'' on their treasuries. The justices voted to clarify the scope of the Americans with Disabilities Act, best known for requiring accessibility to public buildings. A decision is expected by July. Georgia officials say the federal law does not require community placement if appropriate treatment also can be provided in a state mental hospital. But a federal appeals court said the state discriminated against two people by confining them in a mental hospital "rather than in an integrated community-based program.'' Two Georgia citizens, formerly housed in psychiatric hospitals, contend that the ADA requires their care be provided "in the most integrated setting appropriate." Both were placed in community-based programs after filing their lawsuit, but lower courts kept the case alive and ruled that the state had discriminated against them. The 11th U.S. Circuit Court of Appeals ruled in April that Georgia cannot escape its ADA responsibilities just because it may have to spend more money to do so. The case is known as Olmstead v. L.C., Case No. 98-536 Court below: 138 F.3d 893 (11th Cir 04/08/98) The decision is on line at:

http://www.law.emory.edu/11circuit/apr98/97-8538.man.html.

At issue in this American with Disabilities Act (ADA) case is (1) whether the public services portion of the ADA compels states to provide treatment and habilitation for mentally disabled persons in community placement, when treatment is available in a state-run institution, and (2) if construed that way, whether it exceeds the enforcement power granted to Congress in Section 5 of the 14th Amendment. Patients in a state psychiatric hospital filed an action challenging their continued confinement in the hospital where persons with mental disabilities are treated in a segregated environment, violating Title II of the ADA, 42 USC ss 12131-12134 (1995), the Attorney General's Title II regulations, 28 CFR s 35.130 (1997), and the Due Process Clause of the Fourteenth Amendment. The court below held that: (1) the ADA and the Attorney General's integration regulation prohibit a state from confining disabled individuals in a state-run institution where that individual could be treated in a more integrated community setting; (2) confinement of patients in a state psychiatric hospital in a segregated environment violated the ADA; and (3) remand was appropriate on the issue of whether requiring a state to make additional expenditures would fundamentally alter

the service it provided.

NAPAS SUPPORTS NATIONAL LEGISLATION TO ELIMINATE DEADLY RESTRAINT

The December 16, 1998 issue of the Hartford Courant reports on a meeting between Senator Joseph I. Lieberman (D-CT)and advocates for people with mental illness. The policymakers discussed Senator Lieberman's draft proposed legislation which would address the use of improper and deadly restraints in facilities serving people with disabilities. The proposed legislation would extend current Federal requirements limiting the use of restraints -- now applicable only to nursing homes -- to a variety of facilities serving persons with mental illness and developmental disabilities, including children. NAPAS' Executive Director, Curtis L. Decker, played a key role in the meeting. He stressed that the number of deaths in facilities resulting from restraint abuses is underreported and that the need for legislation to track these deaths and curb abuse is critical. NAPAS is proposing a number of amendments to the legislation to strengthen the role of P&As in addressing this national concern. "We want to see results," Decker said. You can find the entire article at the Courant's website at: http://www.courant.com/news/article/ctnews7.stm

 

HOW TO FILE COMPLAINTS UNDER THE AMERICANS WITH DISABILITIES ACT (ADA)

(from the Keybridge Foundation, http://www.igc.org/medADA/)

What should I do if I have a complaint? The following information is a basic overview of what to do to file an ADA complaint. It does not include important details. Go the DOJ's web site for this information.

Title III -- Public Accommodations

To file a complaint under title III simply write a letter to the DOJ explaining the violation. The DOJ may refer your complaint to the Key Bridge Foundation's ADA Mediation Program. If you wish you may request that your case be mediated. This does not mean that your case will be mediated. The Department is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of title III, or where an act of discrimination raises an issue of general public importance. Send your letter to the address listed below. Please note that title III may also be enforced through private lawsuits.

Title II -- State and Local Government Activities

To file a complaint against a state or local government under title II fill out the US DOJ form: "Title II of the Americans with Disabilities Act/Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form." This form may be obtained by calling the DOJ's ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD). The DOJ may refer your complaint to the Key Bridge Foundation's ADA Mediation Program. Again, if you wish you may request that your case be mediated. This does not mean that your case will be mediated. Send your completed complaint form to the address listed below.

Title I -- Employment

Complaints about violations of title I (employment) by units of State and local government or by private employers should be filed with the Equal Employment Opportunity Commission (EEOC). Call 800-669-4000 (voice) or 800-669-6820 (TDD) to reach the field office in your area.

 

Send your title III letter or title II form to:

Disability Rights Section Civil Rights Division

US Department of Justice

P.O. Box 66738

Washington, DC 20035-6738

If you want your case to be mediated, put the following on your envelope and documents: Attn: Mediation Office

 

ASSISTIVE TECHNOLOGY TASK FORCE MINUTES

The Assistive Technology Task Force met on Friday December the 4th, 1998. The following minutes from the November 6th meeting were approved as written. The next meeting is scheduled for January 8, 1999, at 10:00 a.m. to 12:30 p.m. The meeting place has tentatively been changed from the Capitol to the Oklahoma Library for the Blind and Physically Handicapped located at 300 N.E. 18th, Oklahoma City, OK. Everyone is welcome to attend.

Minutes Assistive -- Technology Legislative Task Force November 6, 1998, 10:00 am Room 419C, State Capitol, Oklahoma City Task Force Members in attendance: Al Lindley, Bob Utley, Dale Lott, Jaimie White, Jean Jones, John Corpolongo, Peggy Davis for Lynn Mitchell, Steve Stokes, Marti Ferretti, Mike O'Brien, Mike Ward, Linda Jaco. Task Force Members unable to attend: Cinda Hughes, Jim Rankin, Bernest Cain, Melanie Eick, Ruby Walker, LaDonna Bornemann, Laura Dempsey-Polan, Jeffrey Rhoads. Guests: Susan Baldwin, Diana Sargent, Milissa Gofourth, Shawn Black, Gail Dunsky, Kelli Yager, Bill Shields, Mark Bresler, Roger Williams, Anne Stefan-Kopko and Misty Kimbrough. Agenda: * Call to Order --Task Force Chair, Linda Jaco, called the meeting to order. * Roll Call--Diana Sargent completed the roll call. * Approval of October 2, 1998 Minutes--Bob Utley moved to accept the minutes and they were seconded by Mike Ward. The minutes were accepted by unanimous vote. * Report of SB 1324 - Task Force: Linda Jaco disseminated copies of SB 1324 and reported on the first meeting of the Task Force. Jeff Hughes, Program Director for the Statewide Independent Living Council (SILC), was named as Chair and Jim Rice as Vice-chair. Two subcommittees were formed - one to develop a mission statement and the second to determine what subcommittees should be created to complete the mission of the task force. The work of the task force is to improve how persons, following the onset of a disability, can better access and utilize services that could assist them. Jean Jones pointed out that because SB 1324 mentions assistive technology and extended services, some of the work of the two task forces could be combined. One idea that was mentioned would be to have both task forces join to have a public hearing in order for the legislature to have a better understanding of the barriers faced by persons with disabilities as they attempt to access the state agency systems. * Report of Education Subcommittee: Marti Ferretti submitted a written report of the Education Subcommittee. She reviewed the information that Sylvia Gray, M.S., Director of Assistive Technology (AT) Programs for the Oklahoma State Department of Education, provided to the subcommittee at their October 16th meeting. Discussion that followed the report focused on the equipment loan libraries that now exist in 10 Regional Education Service Centers and the AT Team training. Marti offered to have Ms. Gray come to an upcoming Task Force meeting to discuss the program in further detail and answer more specific questions. Several members concurred that they would benefit from such a presentation. As a comment on the need for more personnel to have information on assistive technology, John Corpolongo explained the work of the Teacher Preparation Commission. One of the revised areas for special education teacher competencies will include proficiency of assistive technology. The Teacher Preparation Commission is in charge of the: × Development of competencies × Review of Higher Education curriculum to meet the competencies × Development of exit test and × Ongoing evaluation of results for future planning. * Guest Report on Wheels for Work: Bill Shields submitted a written report to the task force on a joint pilot program for transportation between DHS and Action Inc. In review of the report, he explained how a donated car could be transferred to the ownership of a person receiving welfare, that is currently employed, and needs transportation. Mr. Shields explained that the three barriers remaining include: 1) how to accurately put a value on a donated car, 2) the need for Action Inc. to not be considered a car dealer, and 3) the expense of the transfer of tag, title and tax. If anyone has further questions about Wheels for Work, contact John Shea in Shawnee at 405-273-3000. * Report of Employment Subcommittee: Bob Utley submitted a written report to the task force on the work of the Employment Subcommittee. The discussion, beyond the written report, focused on the many barriers persons with disabilities have regarding employment. The Department of Rehabilitation Services (DRS) can take application and provide some services regardless of economic resources, yet many individuals either can not or do not utilize DRS for an employment outcome. Mike O'Brien explained that DRS policy is presently in the process of being reviewed by a committee from the agency and the State Rehabilitation Council. The review is studying the guidelines of economic resources for a number of DRS services including assistive technology. Mike suggested that the Employment Subcommittee provide input to Virgil Taylor for committee consideration. It was also recommended that the Employment Subcommittee provide input to the State Rehabilitation Council. Another barrier to employment is the lack of federal funding to provide adequate independent living skills services. These services are often needed in order for a person to get ready to seek employment. Additional state appropriations are needed toward this effort. There is a greater need to effectively train persons with disabilities for jobs that are available in the labor market. Often jobs are available and persons with disabilities are not trained to perform that type of work. Effective counseling based on a greater knowledge of the present and future job market needs to be developed. Partnerships with private industry for internships and other training opportunities also need to be established to better prepare persons with disabilities for employment. The final employment barrier discussed was the high cost of losing benefits, particularly medical insurance, when a person becomes employed. A great deal of study is going on at the federal level on this issue. * Report of Use/Maintenance/Independent Living/Funding Subcommittee: Jaimie White submitted a written report of the subcommittee. The subcommittee has six major areas of work. The subcommittee developed a survey to identify agencies and entities that purchase, recycle, repair, and train on assistive technology. Discussion followed on the possibilities and barriers to vendors accepting trade-ins. Roger Williams, a vendor, explained that two major problems in accepting trade-ins is that the manufacturer will not take back equipment and that there is not enough of a market to establish a fair price of used equipment. Mike O'Brien, DVR Administrator, also explained that the client generally prefers new equipment over recycled equipment. Visual services is occasionally able to pick up used computer equipment, upgrade it and get it out to those in need. * Report of Interagency Subcommittee: Mike O'Brien submitted a written report of the Interagency Subcommittee. Mike explained that although the work of the subcommittee is broken into six categories, the work is based on only three concepts: interagency coordination, sales tax exemption or write off, and the transfer of assistive technology. On the sales tax exemption issue, Representative Al Lindley agreed to request that House staff complete an impact study with the Tax Commission. The results of this study would be used to determine whether legislative action could be seriously considered. With regard to the discussion on the barriers to the transfer of assistive technology, it was suggested that someone from Central Purchasing assist with information on various state and federal laws. Various members indicated that the entire Task Force could benefit from that presentation at a future meeting. * Subcommittee Group Meetings: There was not enough time for subcommittees to break into separate meetings. * Discussion: Linda Jaco reminded the Task Force that there was only one more meeting prior to preparing the interim report due to the Governor and Legislature by December 31st. Therefore, she entertained a discussion on how subcommittees could provide a report based on two separate types of recommendations. She requested that subcommittees provide a written report with achievable recommendations based on: 1) short term recommendations of agency and/or interagency policy and procedural work and 2) long term recommendations of new or changing legislation which may include new state appropriations. Subcommittee reports are due to Linda by November 23rd. All subcommittee recommendations will be compiled by the Chair. The December 4th Task Force meeting's focus will be to review all subcommittee recommendations for the purpose of submitting an interim report to the Governor by December 31, 1998. * Next Task Force Meeting: December 4, 1998 at 10:00 am until 12:30 PM in room 419 C of the State Capitol. Minutes submitted by: Milissa Gofourth

 

OKLAHOMA COMMISSION ON CHILDREN AND YOUTH (OCCY) ONLINE

http://www.okkids.org/

ABOUT OCCY

http://www.okkids.org/about.html

CALENDAR OF EVENTS

http://www.okkids.org/calendar.html

PUBLICATIONS

http://www.okkids.org/publicat.html

The Oklahoma Commission on Children and Youth provides several publications which are useful to the citizens of Oklahoma. You may request any publication by calling or e-mailing the appropriate person.

1998 Child Welfare Report Card &

OCCY Annual Report

Debbie McCowan, 405-522-4709

dmccowa-@oklaosf.state.ok.us

Resource Guide for Oklahoma's Children and Youth and Their Families &

Transition Services Resource Guide For Oklahoma Youth with Disabilities, Their Parents, Families, and Professionals

Sherri Ritchey, 405-522-4714

sritche-@oklaosf.state.ok.us

SoonerStart Oklahoma Early Intervention Program Annual Performance Report &

Interagency Coordinating Council for Early Childhood Intervention Funding Recommendations

Jeanie Wall, 405-522-4712

jwal-@oklaosf.state.ok.us

Children's Agenda 2000 &

Oklahoma's Investment in Tomorrow (Children's Budget)

Cindy Murray, 405-522-4713

cmurra-@oklaosf.state.ok.us

When sending email, please identify which publication you are requesting.

WEBSITE ACCESSIBILITY

Web accessibility refers to the design of a webpage that embraces the requirements of Universal Design in order to ensure that all users can access the information on the page: Universal Design calls for the development of information systems flexible enough to accommodate the needs of the broadest range of users of computers and telecommunications equipment, regardless of age or disability. (September 1994 National Information Infrastructure White Paper by Susan Brummel, USGSA CITA, entitled "People with

Disabilities and the NII: Breaking Down Barriers, Building Choice;" See http://www.itpolicy.gsa.gov/coca/nii.htm)

United States Department of Justice Policy Ruling, 9/9/96: ADA Accessibility Requirements

Apply to Internet Web Pages 10 NDLR 240 -- The Americans with Disabilities Act (ADA) requires covered entities to furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities, unless doing so would result in a fundamental alteration to the program or service or in an undue burden. See 28 C.F.R. 36.303; 28 C.F.R. 35.160. Auxiliary aids include taped texts, Brailled materials, large print materials, captioning and other methods of making audio and visual media available to people with disabilities. The policy ruling states that ADA Titles II and III require State and local governments and the business sector to provide effective communication whenever they communicate through the Internet.

Listed below are important legal standards supporting accessibility (from http://www.yuri.org/webable/)

US Dept.of Justice's ADA Information on the Web

http://www.usdoj.gov/crt/ada/

Text Version of the Americans with Disabilities Act

http://www.usdoj.gov/crt/ada/statute.html

ADA Homepage

http://www.usdoj.gov/crt/ada/adahom1.htm

Applying the ADA to the Internet: A Web Accessibility Standard

http://www.rit.edu/~easi/law/weblaw1.htm

Section 255 of the Telelcommunications Act 1996

http://www.fcc.gov/dtf/section255.html

US Access Board's Telecommunications Act Accessibility Guidelines

http://www.access-board.gov/rules/telfinal.htm

US Access Board Appoints Electronic and Information Technology Access Advisory Committee http://www.access-board.gov/notices/eitaac.htm

The Rehabilitation Act Amendments of 1998

http://www.ed.gov/offices/OSERS/RSA/RehabAct.html

City of San Jose Disability Access Design Standards

http://www.ci.san-jose.ca.us/oaacc/disacces.html

OTHER SITES:

Microsoft http://www.microsoft.com/enable/

Sun Microsystems http://www.sun.com/tech/access/IBM

http://www.austin.ibm.com/sns/index.html

Apple http://www.apple.com/education/k12/disability/

Empowerment Zone http://www.empowermentzone.com/

Web Accessibility Initiative http://www.w3.org/WAI/

Bobby http://www.cast.org/bobby/

 

ON ODLC'S WEBPAGE

Did you notice a new feature on our ODLC Disability Law List -- an interactive calendar. The calendar, accessible on the home page for the list (http://www.egroups.com/list/oklahomadisabilitylawcenter), is a wonderful tool that enables us to showcase events you might like to know about. It features daily, weekly, monthly, and yearly views and we can easily add an event, historical marker, etc. Do you have anything you want posted to the calendar? Membership on the disability law list is limited to people with disabilities, their families and people who represent or advocate for them. If you fall within one of those categories, you may go to the webpage for ODLC and sign up in the block provided.

 

 

 

Oklahoma Disability Law Center, Inc.

Webpage: http://www.flash.net/~odlcokc

Join the ODLC Disability Law List by checking the box indicated on the webpage.

 

[Oklahoma City Office]

2915 Classen Blvd., Suite 300

Oklahoma City, OK 73106

(405) 525-7755 (v/tdd)

(800) 880-7755 (v/tdd)

(405) 525-7755 (fax)

[Tulsa Office]

2828 East 51st Street, Suite 302

Tulsa, OK 74105

(918) 743-6220 (v/tdd)

(800) 226-5883 (v/tdd)

(918) 743-7157 (fax)



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