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PROTECTION & ADVOCACY |
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Oklahoma Disability Law Center, Inc. |
March 15, 1998 |
MISSION OF CENTER IS TO PROTECT, PROMOTE AND EXPAND THE RIGHTS OF PEOPLE WITH DISABILITIES.
In the first issue of ODLC
=s newsletter, the general structure of the agency was explained. In this issue the primary focus is priorities and objectives and further explanation of significant relationships. In order to fulfill its mission, the Board of Directors in conjunction with its Advisory Councils and public comment, formulate priorities and objectives.
CONTENTS OF NEWSLETTER:
INFORMATION ON THE WEB: IDEA & ADA
PRO-OKLAHOMA
REDLANDS PARTNERS
MANAGED CARE COALITION
ASSISTIVE TECHNOLOGY
PRIORITIES AND OBJECTIVES for FY98
LOTS OF INFORMATION ON THE WEB!
Following are some excellent sources of information on the internet for the newly reauthorized IDEA and for technical assistance on the Americans with Disabilities Act of 1990..
IDEA 97
B REAUTHORIZATIONhttp://www.ed.gov/offices/OSERS/IDEA
This is the U.S. Department of Education, Office of Special Education and Rehabilitative Services. It has the full text, summary, an overview and questions and answers about the new law.http://www.nichcy.org/
This is the national information and referral center that provides information on disabilities and disability-related issues for families, educators and other professionals.http://www.lrp.com/ed/
This is largely a fee based service, but has a number of valuable free resources related to IDEA.http://www.fcsn.org/home.htm
The Federation for Children with Special Needs has the text of the IDEA bill and an outline of major changes.http://www.cec.sped.org/home.htm
The Council for Exceptional Children, Public Policy and Legislative Information section is a good resource for updates on IDEA and commentary regarding policy information.http://www.access.digex.net/~edlawinc/
EDLAW, Inc. provides a starting point for basic legal information of use to special educators and families and includes public information including texts of statutes and regulations.TECHNICAL ASSISTANCE
B ADAhttp://www.icdi.wvu.edu/tech/ADA.HTM
ADA Technical Assistance Program. Can also be reached through 1-800-949-4232.http://www.icdi.wvu.edu/tech/fedcont.htm
Federal contacts for ADA informationhttp://www.ilru.org/ilru-swdbtac.html
One of ten regional technical assistance centers, serving Oklahoma.http://access-board.gov
U. S. Access Board homepagehttp://usdoj.gov/crt/ada/agency.htm
ADA Information ServicesPRO-OKLAHOMA
Beginning March 18, 1998, PRO-Oklahoma will maintain an additional office in our law center in Tulsa. The address is 2828 East 51st Street, Suite 302 of the Interim Plaza Building. The phone number is 1-918-743-6220 (v/tdd) and 1-800-226-5883 (v/tdd). The fax number is 1-918-743-7157.
For several months now, PRO has been handling the initial intakes for educational problems in the school districts. ODLC has then been teaming up with PRO to achieve results which are consistent with the educational statutes and regulations. ODLC and PRO have conducted, and are planning to conduct, training sessions for the newly reauthorized IDEA-97. Let us know if you need a copy of PRO
=s ABasic Rights@ Handbook and ODLC=s AProcedural Safeguards@ Handbook.We need your input! We need to know your suggestions for improving our (ODLC and PRO, that is) working relationship for the advantage of students with disabilities. PRO-OKLAHOMA
=s web page is http://ucp.org/probase.htm/. ODLC=s web page is http://www.flash.net/~odlcokc/.
REDLANDS PARTNERS
The Oklahoma Developmental Disabilities Council (DDC), the University Affiliated Program (UAP) and Oklahoma Disability Law Center (ODLC) have been working informally in a network commonly known as the Redlands Partners for sometime now. This year the directors of these organizations executed a formal memorandum of understanding. If you want a complete copy of the understanding, please contact the directors.
The agreement includes four partnership goals:
The Redlands Partners agree to develop a shared agenda on:
MANAGED CARE CONSUMER-ORIENTED COALITION
ODLC
=s leadership role in the Oklahoma Managed Care Coalition is focused on consumer-oriented issues consistent with its federal statutory obligation of providing protection and advocacy for persons with disabilities, including developmental disabilities and mental illness. In this regard, a host of consumer-oriented organizations and individuals have come together, each retaining their own separate identities and missions. ODLC believes that early mediation and collaboration on significant issues for Oklahomans with disabilities can result in improved benefits for the people ODLC serves and reduce the burden of litigation costs in the long run.ODLC
=s role includes:ASSISTIVE TECHNOLOGY
In a speech before the American Federal for the Blind and the American Council for the Blind
=s Leadership Institute on March 8, 1998, William E. Kennard, Chair of the Federal Communications Commission, emphasized the importance of assistive technology. In part, he said,My grandfather was a brilliant man. He was gifted in arts and literature. He wrote beautiful prose. And he was self taught. He could recite the works of Shakespeare. He had a wonderful mind and he had endless potential. But do you know what he did for a living? He was a janitor. His barrier to access to greater opportunity was the color of his skin. . . . But even today, in our generation, the potential of millions of Americans is wasted because they are denied access
PRIORITIES AND OBJECTIVES FOR PROTECTION AND ADVOCACY
B PADD, PAIMI, PAIR ProgramsOctober 1, 1997 to September 30, 1998
If you wish to provide comment to ODLC on these priorities and objectives, or any other issue, please feel free to do so by writing the director at her e-mail address,
kbower1@flash.net. You may also send comments in writing or tape recording to the law center at 2915 Classen Blvd., Suite 300, Oklahoma City, OK 73106. Or, you may fax your comments to 405-525-7759.I. Statement of Priorities and Objectives
Clients presenting issues identified as priorities will ordinarily receive some type of representation from ODLC. This representation may include legal advice and counseling, negotiation and mediation, administrative and legislative advocacy, individual case representation and complex litigation. Although the presentation of a priority issue will be the major factor considered in deciding whether or not to accept a particular case, other elements may also be determined in case acceptance, including (a) the likelihood of success; (b) the urgency of a particular matter and the likely consequences for the client; (c) the resources necessary to provide high quality representation and the resources available to ODLC; (d) the availability of alternative advocacy resources in the community, including the capacity of the client for self-advocacy; and (e) the impact that resolution of a particular matter will have upon the eligible client community.
This statement sets forth both casework and administrative priorities that are central to implementation of the PADD, PAIMI and PAIR programs in a client-directed manner. These priorities and objectives may be read in a historical context with the initial priorities for the period October 1, 1994 through September 30, 1995. The current priorities initially grew out of a consensus of consumer advocates which culminated in a meeting in Stroud, Oklahoma during FY 96. Public comment elicited during FY 97 indicated a strong interest in many of the same problems, but included noticeable additions such as managed care, SED educational issues, and coordination of PAIR with both PADD and PAIMI. Public comment was elicited during the year at ODLC
=s webpage, http://www.flash.net/~odlcokc, in conjunction with DD Council public comment periods, from PAIMI Advisory Council solicitations and from a host of individuals and organizations who meet with ODLC throughout the year individually and at statewide consumer-related conferences. ODLC must continue to refine the issues which it confronts in the educational area so that the impact on the system will be beneficial to a greater number of students with disabilities and their families. Beginning in FY 98, ODLC will coordinate its activities with PRO-OKLAHOMA, this state=s parent training organization, consistent with the 1997 Amendments to IDEA.Historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem. Individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of various barriers, overprotective rules and policies, failure to make modifications to facilities and practices, exclusionary qualification standards, segregation and relegation to lesser opportunities. The nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living and economic self-sufficiency for such individuals. The continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and pursue those opportunities for which our free society is justifiably famous. Americans With Disabilities Act of 1990, 42 U.S.C.
' 12101. These are among the driving forces which generated the following objectives and priorities of ODLC in its effort to be part of the federal government's central role in enforcing standards established in anti-discrimination statutes.II. Rationale for Priorities and Objectives
These priorities and objectives represent a modification of the initial priorities and objectives for the primary purpose of simplifying the areas of focus in response to consumers and consumer organizations. The initial priorities (10/1/94 - 9/30/95) should not be viewed as discarded but rather an important historical resource to understand the present priorities and objectives. Primarily, the consumers and consumer organizations were interested in basic life necessities (whether living independently or within a facility) and those providers or governmental entities who refused to follow existing laws so that the basic life necessities were available to persons with disabilities. Also, they were interested in ODLC's ability and willingness to respond in a timely manner to new and important issues as they may arise throughout the fiscal year. During FY 97 public comment indicated a continued need for representation on educational issues, resulting in cooperative efforts with Oklahoma
=s parent training organization during the upcoming FY 98. With the benefit of ADD=s Region VI technical assistance received by ODLC=s board and staff, the new priorities reflect the beginning of developing outcome based measures for ODLC=s performance.III. Summary
The statement of priorities and objectives provides guidance to ODLC staff in the acceptance of cases and to ODLC management in the allocation of resources to PADD, PAIMI and PAIR activities. This statement, however, should not be regarded as inflexible. Each potential client's case must be evaluated based upon its own unique circumstances. New legal problems for people with disabilities often arise, and must be evaluated in the context of existing priorities. The priorities include flexibility to respond to consumers and consumer organizations throughout the fiscal year, based upon need and availability of program resources.
PADD: Protection and Advocacy for Persons with Developmental Disabilities
PAIMI: Protection and Advocacy for Persons with Mental Illness
PAIR: Protection and Advocacy for Individual Rights
Education, income, housing, transportation and medical care are basic to independent living in America. Persons with disabilities face pervasive discrimination in these areas. Individuals with disabilities will never be able to lead productive and fulfilling lives until they are able to obtain basic life necessities such as housing, education, income, medical care and transportation.
a. provide representation to clients to enforce anti-discrimination statutes preventing discrimination in the areas of education, income, housing, transportation and medical care, including coordination with other federal and state agencies who enforce anti-discrimination statutes.
b. provide representation to clients who face systemic barriers (ramps, elevators, parking, benefit exclusion based on disability) to full participation in these areas.
c. provide legal advice and counseling to clients and parents/guardians, including advocacy organizations, to assist them in developing self-advocacy skills for mediation and other remedies to promote inclusion in the least restrictive educational environment, establishing a working dialog with the State Department of Education to promote inclusive education.
d. provide advice and representation to eligible clients with mental disabilities in securing social security disability benefits; provide information and supervised referral to other eligible clients who are seeking social security disability benefits.
Individuals with severe adult-onset disabilities are frequently housed in nursing homes or other facilities where conditions are seriously substandard, and in some instances actively abusive.
a. complement the efforts of the PAIMI program in seeking to improve community mental health services in Oklahoma.
b. provide representation to residents of nursing homes and other facilities to protect them from abuse and neglect and to help them access needed assistive technology devices and services; coordinate with State Long Term Care Ombudsman and State Adult Protective Services to identify and monitor situations in nursing homes.
If service providers, both government and private, complied with existing laws and regulations, individuals with disabilities would benefit substantially. However, many service providers fail to comply.
a. educate and provide technical assistance to agencies or other providers who are willing to implement the Americans With Disabilities Act and other disability-related laws and regulations.
b. prepare and distribute self-advocacy literature that provides step-by-step guidance and forms for pursuing claims and appeals under the Americans with Disabilities Act, the Fair Housing Amendments Act, the Rehabilitation Act, Medicaid and other disability rights laws and regulations.
c. initiate appropriate action, including litigation, whenever confronting agencies or other providers unwilling to comply with the law and regulations.
Often disability issues arise which could not have been anticipated at the time of the development of priorities and objectives for the fiscal year. ODLC should identify and be responsive, when resources are available, to groups who advocate on behalf of consumers when they identify problems for their constituents which could be corrected with timely application of legal resources.
a. mental health associations, such as Consumer Council and Oklahoma Alliance for Mentally Ill.
b. educational advocacy and educational groups, such as PRO-Oklahoma and OK Ahead.
c. disability oriented advocacy organizations (such as Multiple Sclerosis Society, etc.), including developing self advocacy strategies for their members where appropriate with particular emphasis on disabilities which are ordinarily eligible for PAIR, but not for PADD or PAIMI.
d. committees and task forces which focus on particular problems for individuals with disabilities, such as Homelessness Task Force, Patient Grievance Task Force, Assistive Technology Interagency Task Force, etc.
e. private and public entities who are willing to implement the Americans With Disabilities Act and request technical assistance
f. consumer organizations and targeted populations for distribution of the ODLC program brochure (English and Spanish), articles for disability rights organization newsletters and presentations to disability rights and consumer organizations to publicize the PAIR program
g. maintain PAIR's integration into the Oklahoma Protection and Advocacy System
h. Oklahoma Office of Handicapped Concerns, which administers CAP