DD Quarterly Summer 2005

Circulation 21,465

Publication of the Ohio Developmental Disabilities Council bringing disability issues and accomplishments to the attention of Ohioans.

ODDC Mission

It is the mission of the Ohio Developmental Disabilities Council to create change that improves independence, productivity and inclusion for people with developmental disabilities and their families in community life.

State budget: The sky is not falling yet!

The budget stakeholders have completed a complicated state budget (Am.Sub.H.B.66) that has gone a long way to accomplish several goals of the administration and legislature that many thought not possible. Cost containment and tax reform were their overall goals.

Whether or not the final outcomes will be positive or negative for people with disabilities remains the looming question.

Given the goal of cost containment, the executive and legislative branches of Ohio government wanted to demonstrate that cost containment could be achieved through discipline, rather than enacting constitutional limits. This budget achieved close to “level funding” and few new costly initiatives were established. So to that extent, they did their job.

And to the extent advocates were able to counter the strong cost containment thrust of this budget process, they were able to save some programs and reduce the depth of some cuts. So to that extent, advocates did their job.

However, the work of advocates has just begun. Except for the elimination of the Community Alternative Funding System (CAFS) program (See story on page 4.), the big story of the budget is the potential impact of several policy decisions.

The following is a list of budget outcomes that are noteworthy and some that may have huge implications, depending upon how they "play out" in implementation.

Overall budget dollars

When the overall budget dollar totals for departments in 2005, 2006, and 2007 are compared, the basic picture is a "level funded" budget. Of course, taking into consideration inflation, "level" actually means a small percentage of decreased dollars. Chart shows total of state and federal sources.

How these dollars are spread across line items within each department varies from 2005 to the next biennium, but the most dramatic impact of the next budget is the possible impact policy changes will have on programs and services to people with disabilities and their families.

Children

• In H.B. 66, Bureau of Child and Maternal Health (BCMH) dollars were not only restored, but increased, due to the intensive work on the part of advocates. Medicaid eligible children still will be eligible for BCMH services, and services were restor-ed to approximately 5,000 kids. A legislative committee, called Future Funding of BCMH, is established to monitor the future availability of such programs.
• H.B.66 creates the new initiative called Access for Better Care, designed to address children with behavioral needs across different service systems. $500,000 of almost $5 million are allocated to children with "non-behavioral" disorders. In addition H.B.66 transfers the administration of the Family and Children First Council (FCFC) to the Department of Mental Health from the Department of Mental Retardation and Develop-mental Disabilities. Furthermore, the budget bill makes changes to the FCFC statute, including the creation of a dispute resolution process for families, which didn’t exist before. While the behavioral needs of children are great, some are questioning whether or not these initiatives and dollar amounts allocated move attention away from the needs of children with non-behavioral disorders, also historically served by the "cluster."
• The budget bill establishes the Ohio Center for Autism and Low Incidence (OCALI) within the Department of Education to administer programs and coordinate services for infants, preschool and school-age children, and adults with autism and other disabilities. A voucher pilot project will pay for costs of special education to another school district, or public or nonpublic entity, up to $20,000. The bill also includes a provision that permits the Department of Job and Family Services (ODJFS) to seek Medicaid waivers for early intervention services for children under three and therapeutic services for children with autism, and specialized habilitative services for adults with autism.

Medicaid

• H.B.66 requires the Department of Job and Family Services to seek federal approval to reduce the maximum family income a parent of a child under age 19 may have and still qualify for Medicaid to 90% of federal poverty guidelines, instead of 100%; reducing the numbers of families eligible for Medicaid.
• Full Risk Managed Care for Medicaid for adults is established in the budget bill, to begin December 31, 2006. The mandatory managed care program excludes individuals:

- Who are under twenty-one years of age;
- Who are institutionalized;
- Who become eligible for Medicaid by spending down their income or resources;
- Who are dually eligible under the Medicaid program and the Medicare program, and
- Individuals to the extent that they are receiving Medicaid services through a waiver.


Managed care, which places the full risk of cost upon the insurer/provider of health care, typically results in people receiving more constrained and less health care services. A Medicaid Managed Care Working Group is established to implement and monitor this process.

• H.B.66 creates the Medicaid Administrative Study Council to develop a unified budget for Medicaid-funded long-term care services, and its language expresses the General Assembly’s intent to support a single agency to deliver Medicaid services.

Advocates will want to follow this carefully, as it can have strong influence on future Medicaid services.
• Medicaid estate recovery procedures are expanded to give ODJFS the authority to "look behind"-up to five years-at the assets of Medicaid applicants to establish eligibility, which can have the affect of making fewer people eligible. On the other hand, another provision of the budget bill is the exclusion of "real property," that is one’s home, from being used to determine Medicaid eligibility for a period up to 13 months from what was six months.
• Medicaid covered dental and vision services, which were eliminated in the introduced budget bill, were restored, but at reduced levels of coverage, with co-pays for dental, vision, and non-emergency emergency room visits. However, discretion is given to ODJFS for particulars of these coverages, so the impact will not be known until they establish those rules.
• The budget bill authorizes ODJFS to seek a federal Medicaid waiver for the Assisted Living Program for up to 1,800 people in a licensed residential care facility. The waiver only pays for "assisted living care" not room and board. Room and board must be paid by some other source like social security.
• The budget bill did not eliminate the nursing home reimbursement formula that was in statute, but did establish a new nursing home funding formula.
• Sub.H.B.66 eliminates the requirement of a minimum number of months of residency in a nursing home in order to participate in the Ohio Access Success Project, which helps transition people out of nursing homes-for 50 people in 2006 and 100 people in 2007.
• The budget bill requires ODJFS to apply for a waiver for a pilot program for up to 200 Medicaid recipients to purchase health care services not to exceed 70% of the average costs of nursing home services, which could make it possible for participants to avoid placement in a nursing home.
• A Disability Determination Study is created, requiring state and local government entities that provide programs or services for which disability is an eligibility requirement to conduct a study to consider the feasibility of an interagency agreement under which one government entity would perform disability determinations for all programs and services needing that determination. The study must be done within six months of the passage of this bill.
• The budget bill authorizes ODJFS to seek two or more waivers for people who need nursing home or hospital level of care. After the first of these new waivers begin, the department will request approval to cease enrollments into the Ohio Home Care Program.

Other

• H.B.66 provides increased funding to PASSPORT by 8%, translating to 625 new people each month. In addition, each month during fiscal years 2006 and 2007, each area agency on aging must determine whether individuals who are on a waiting list for the PASSPORT program have been admitted to a nursing facility.

If they have, the agency shall notify the Long-Term Care Consultation Program administrator who will determine whether the PASSPORT program is appropriate for the individuals and whether they would rather participate in the PASSPORT program than continue residing in the nursing facility.
If so, the Department of Aging will approve the enrollment of the individual in the PASSPORT program, regardless of whether other individuals who are not in a nursing facility are ahead of the individual on the PASSPORT program’s waiting list.

• After being slated for elimination in the introduced budget bill, Disability Medical Assistance (DMA) was restored at a reduced level of funding. The Governor vetoed the language which structured the program, so now ODJFS will have the authority to structure the program.
• The Ohio State Use Program, which encourages state agencies to obtain products made by people with disabilities when possible, has been restructured and transferred from ODMR/DD to the Department of Administrative Services (DAS).

Advocacy efforts make a difference

People with disabilities and their families and allies can take solace in the fact that some programs and dollars slated for elimination were saved, due in no small part to their advocacy efforts. They also need to remain ever vigilant as programs and services are restructured, initiated, and redesigned as ordered in this budget bill.

The question that needs asked continually of lawmakers, administrators and service providers is whether the motivations of their decisions and actions are based on the real and actual needs of people with disabilities or on something else. The vigilance of this and other advocacy-based questions being posed to decision-makers will determine if and when the sky actually falls.

CAFS no more! Service system scrambles to fill gaps

Following the June 30 termination of the Community Alterna-tive Funding System (CAFS), people with disabilities will have to find different ways to obtain many of the services they have been receiving for thirteen years using CAFS funding.

Nearly 20,000 adults and over 90,000 children with disabilities have tapped CAFS through pro-viders called Habilitation Centers (county boards of MRDD, public school districts, and some private providers) for services like physical and occupational therapy, speech therapy, social work and psychological counseling, nursing, active treatment, skills development and support services, and transportation. Due to a recent court suit settlement, special education services through schools will continue for at least one year, although at reduced levels.

However, those adults continuing to need the services CAFS had provided for so many years will now be seeking other ways to get those services. The Ohio Depart-ment of Mental Retardation and Developmental Disabilities (ODMRDD) and County Boards of Mental Retardation and Develop-mental Disabilities have been working feverishly to make the transition as smooth as possible, and to see that comparable services are available for most.

So what happened to CAFS?

The costs of the program were "out of control," according to state officials, and the program was not able to be in compliance with federal Medicaid law that requires making the same benefits available to all eligible Medicaid recipients. And as we have reported here over the past year, state and county agencies and providers and special interest groups have been squabbling over "who gets what" and 'who pays for what" and "who controls what" to the point that a resolution to the CAFS program dilemma was simply not possible.

The elimination of CAFS will reduce the dollars coming into the system, some say, by more than $80-$90 million per year. Although state agencies feel most people will be able to obtain comparable services, they admit that some gaps will occur. People with a Medicaid card will be able to access many of the professional services previously available through CAFS, but will need to find providers who are Medicaid certified.

Unfortunately, some of those providers who people already trust and rely upon and are not already Medicaid certified, will find the process to become certified very complex. And that will cause some people with disabilities to have to seek other pro-viders who are Medicaid certified. There also are questions about the availability of certain of those professional services through Medicaid.

Finding comparable services

Many providers and advocates fear that thousands of people and their families will not find services comparable. For instance, psychology services under CAFS were able to be provided by unlicensed psychologists, or "delegated" psychologists; and under regular Medicaid rules psychological services for adults are not available at all. In addition, many are very concerned that the important concept of "free choice" will be reduced by the elimination of CAFS, because of greatly reduced numbers of providers.

Those individuals enrolled on Home and Community Based Service Waivers will be eligible to receive a new waiver service called Day Habilitation and/or Supported Employment, through which they can receive the professional and therapy services and support services they were receiving through CAFS.

County Boards of MRDD had used the CAFS funds to pay for workshop and day services for those living in ICFs/MR and those on Community Home Based Waivers under the category "active treatment." Those folks still will be able to receive active treatment and skills development and support. However, other people with disabilities will have to have a Medicaid card to obtain physical therapy, nursing, and speech therapy, and they will have to use Medicaid certified providers.

Also at risk is the ability to obtain the same scope and duration of professional services, since those services must be approved by a physician, and must meet medically necessary criteria. How the doctor writes the order will matter a great deal, as Medicaid professional services are rehabilitation focused; that is, aimed at "regaining function." Such an un-derstanding can cause eligibility confusion for those perceived as "being born with their disability."

County boards smoothing transition process

Case management services from the County Boards of MRDD will continue for many of those who have been receiving them. In fact, county boards claim to be doing all they can to make the transition smooth, and hope to minimize service gaps for those they have been serving. For those county boards already certified as Medicaid providers, and most are for at least the transportation services they provide, the challenge mostly will be that of adjusting to more precisely defined services and establishing new charts of accounts.

Those children and adults the county boards have been serving who are not living in ICFs/MR or on waivers-and not eligible for Medicaid-will have difficulty obtaining services. Due to the fiscal challenges caused by the elimination of CAFS, some counties are considering establishing waiting lists for services, eliminating early intervention services and other programs, returning preschoolers to the public school system, laying off staff, or at least cutting back on services.

Providers recently sued the Ohio Department of Job and Family Services (ODJFS) to make sure that people affected would get the information they needed to have continued services. ODJFS has agreed to notify people of changes and possible alternatives to services through CAFS.

What will impact be?

The total impact of the elimination of the CAFS program on people with disabilities and their families remains to be seen, and will take several months to realize. One thing is certain, when large funding mechanisms change drastically or disappear-regardless of the motives-some individuals will lose. And as usual, the number of those who end up losing, and to what extent they lose, will be the measure of damage caused by the elimination of CAFS.

You can obtain a list of Medicaid certified providers at 1-800-324-8680 or 1-800-292-3572 tty.

If you received a termination letter and you have reason to believe that your services were not being funded under CAFS, you can request a State Hearing by calling the ODJFS Customer Access Line, 1-866-635-3748.

You may also call your County Board of MRDD and your County Department of Job and Family Services with your questions. If County Board of MRDD services are terminated or reduced, you should receive a separate notice. You can request to file an appeal of that decision through the County Board rules.

Advocates use varied strategies to stop budget cuts

Advocates were told March 10 at a state budget training and strategy session that it would be a fight to keep the legislature from making big cuts in needed Medicaid benefits. "This is the beginning, not the end," said Carolyn Knight, director of Ohio Legal Rights Service, and moderator of the event. "This is a war, and it’s going be a long one."

The event was hosted by DD Council, the Disability Policy Coalition and the Ohio Olmstead Task Force.

Speakers at the event encouraged personal visits with state legislators to put a face to the issues. In fact, many visited their elected officials that day, wearing "Support People with Disabilities" pins, and handing out information on what proposed cuts would mean to Ohioans with disabilities.

Throughout the next three months, individuals with disabilities, their families, associates and professionals in the field heeded the call to mobilize.

In April, more than 2,000 Ohioans representing those with disabilities, senior citizens, educators and others in the human services field attended a State-house rally sponsored by the Campaign to Protect Ohio’s Future.

About 40 people associated with Dayton-based The Advocates attended the rally to voice their concerns. The group, which is a DD Council Advocating for Public Policy Change (APPC) site, assembled on the grounds carrying a large banner signed by some 1,200 individuals urging that Medicaid cuts be avoided. (See photo below.)

"We came because the budget cuts affect our families," said Wynema Mebane, director of The Advocates.

Sandy Rutherford, of Dayton, said she came to the rally to protest dental cuts in Medicaid. "Otherwise, I couldn’t get my teeth fixed," she said.

John McFarland, also of the Dayton group, said that he now cares for his daughter with disabilities. At the age of 68 though, he worries who will care for her in the future with massive cuts in programs. "The chances of me being here for her in the next ten years are slim."

Also at the rally was Sara Aponte of Cleveland, who has a mobility disability. "Cuts in Medicaid will mean a lot to me. I need my dental; I need my glasses. I need to see."

She said about 400 people riding in buses came from the Cleveland area to voice their concerns about the proposed state budget cuts.

Judy Jarosch, of Bexley, came to the rally with 10-year-old son Marcus, who has hydrocephalus and cerebral palsy. "We’re down to no services," Jarosch said, of cuts that have forced her family to pay for thousands of dollars in annual co-pays for care. "I sent a letter to Governor Bob Taft, and met with Rep. Jim McGregor," she said. Jarosch participates with the Columbus-area AAPC site, Advocates in Action.

On May 12, Ohioans with disabilities took time out of their day during Solidarity ‘05 to visit legislators. One man -Stewart Jones, of Seville-even skipped most of the conference in order to visit nearly 30 legislators during his three days in Columbus.

Outside the office of Sen. David Goodman, Jones emphasized why it is a good idea to meet with legislators. "It’s important to let them know what you are thinking," he said. He not only visited elected officials, but also testified before the Senate Finance Committee regarding state budget and ICFMR issues.

During one of the Solidarity sessions, David Zwyer, DD Council executive director, said such efforts are vital. "I think it’s important for people with disabilities as a matter of visibility," he said. "Too often, people with disabilities are not even on the radar screen and are invisible in their communities. Legislators need to be reminded that people with disabilities vote."

DD Council member Myrna Torres, and her assistant visited the offices of Sen. Jeffrey Armbruster and then crossed the Statehouse grounds to visit the offices of U.S. Senators Mike DeWine and George Voinovich. It is the only jointly-run senate office in the country. There, she told DeWine staff that supported employment funding and vocational rehabilitation funding need to be maintained separately.

Torres was pleased with the attention she received by staff members during her meetings. "They know more about the issues than the representatives, because the representatives are very busy. The aides keep them updated on constituent issues," Torres said.

Getting work for Ohioans with disabilities focus of three-day conference

Pathways to Employment, a three-day conference on employment issues important to Ohioans with disabilities, took place June 1-3, 2005 at the Hyatt Regency in Columbus. At least 250 people took part in more than 40 workshops and five plenary sessions.

The conference was sponsored by the Ohio Olmstead Task Force and the Ohio Department of Job and Family Services. Conferees reported by the event’s close that they had obtained job leads, developed networking contacts, learned how to improve their resumes and job seeking skills, and found new hope for employment possibilities.

Callahan promotes job carving and customizing

During a lunch presentation, Michael Callahan, president of Marc Gold and Associates, Gautier, MS, presented Pathways participants with the ideas and possibilities of customized, carved work situations for people with disabilities.

Callahan, who has more than 23 years experience in the employment field, said such tailoring or creating of jobs is one way people with disabilities can find meaningful work while overcoming the challenge of entering into a competitive race for a particular job.

While every state has used supported employment with good measures of success throughout the years, Callahan said that anything done well "soon becomes old hat."

"Not only, though, has supported employment reached kind of a plateau, I think the other thing that the 20 years have taught us is that we didn’t do all that we could have done," he said.

He demonstrated that one way to combat traditional employment efforts for those with disabilities is to offer the option of "customized" or "carved" employment. That is, matching the needs of the company with the skills and abilities of the person seeking a job- along with other contributions the employee can make to the organization.

Sometimes, those working to get jobs for people with disabilities do not stop to get to know what the individuals actually can do.

"Society never gives some people with disabilities the message that they should be workers," Callahan said. Attempting to match a person and employer with customized employment is a big step toward recognizing the full worth of a potential employee.

Callahan spoke about the experiences of Kim, a woman with a disability who, 16 years ago, was in a situation of possibly being fired for not making the production quotas expected of her. Instead of losing a valuable employee, Kim’s supervisor asked other department heads about what they needed and shared some of the interests and skills Kim had shown.

The company kept Kim by relocating her to a department that needed the skills she had. In other words, Kim’s work was customized to fit her needs and those of the employer.

"Employers have a wide range of latitude on what they can accept as the contribution from an employee. And this is not charity," he noted.

He also highlighted the carved jobs that two brothers share. While one brother wanted to work in the morning, the other preferred to stay up late at night, and was placed in the afternoon shift.

"Customized employment starts with the individual not the labor market." In fact, he added, "instead of the labor setting the template, the individual sets the template" for the job.

But the job developer who is involved with the person with a disability needs to be a strong negotiator, as well.

"Good customized employment is good matching, but it also is negotiation. We actually have to talk to an employer, make a deal, put a concept on the table, and not just be responsive. We have to be proactive," Callahan said.

Legislators emphasize advocacy efforts

Pathways was pleased to have two legislators share ideas during a panel discussion. With Medicaid Buy-In as the topic, State Rep. Jon Peterson (R-2), and State Rep. Dan Stewart (D-25) reminded attendees about the importance of advocacy when promoting an issue.

Stewart said for several years he directed the Americorps/VISTA program that was funded by NAMI Ohio that recruited state-wide volunteers who were consumers of the mental health system. It was the first program of its kind in the nation.

Peterson, who has a son with a disability, was awarded DD Council’s 2002 Legislator of the Year.

"Never dismiss the power of one that you have as an individual. You are the legislators’ employer," Peterson said.

"You need to be actively engaged in the process of educating your legislators on the issue," he added. "And in that regard, I would say meeting a legislator in the district is much more effective than coming to Columbus."

"You’ve got to be brazen. You’ve got to be bold. Because everyone is competing for a slice of my time," Peterson said. The Ohio Autism Scholarship Program was created because one advocate kept on track and wouldn’t let legislators forget about the issue, he noted.

Stewart said working with legislators on both sides of the aisle is important. "It is one of those reasons why you can never burn bridges - today’s foe or enemy might be tomorrow’s ally."

He also said advocates need to share their stories and help educate legislators, who are presented many issues during any given week. "We can’t be experts on all of them. We rely on you folks oftentimes to tell your story or your family member’s story to help us understand."

Stewart said it is also import-ant not to mislead or exaggerate the truth to any legislator about any issues, and that creating long-term relationships with legislators is essential. "I think it is absolutely an imperative thing that you start to get to know these folks," he said.

NCIL director dismayed by 30% employment rate

John Lancaster, executive director of the National Council on Independent Living (NCIL), in Washington, D.C., was the keynote at Thursday’s dinner banquet.

In his keynote, Lancaster, a veteran who sustained disabling injuries during the Vietnam War, outlined the basic framework of the more than 400 Centers for Independent Living throughout the United States.

"The Independent Living Movement is consumer driven. It comes from the grassroots." He said the centers help people learn about the resources that can help strengthen their independence-including employment.

Upon his return from Vietnam, Lancaster came to Ohio for rehabilitation at the Cleveland VA Hospital. At that time, a man who used a wheelchair came to his bedside to discuss independent living skills. "The biggest thing you are going to be up against is getting a job," the man told him. At the time, only one-third of all people with disabilities were employed, the man said.

That one-third, or 30 percent statistic has followed Lancaster throughout the decades of his varied work in advocacy.

He briefly outlined the various sections of Title 5 of the 1973 Rehabilitation Act, including sections that discuss model employers, affirmative action, access, and nondiscrimination by federal contractors.

"It took several years to get the regulations for all of that in place," he said. "And many demonstrations."

When he began talking about employment statistics with the U.S. Census Bureau and the President’s Committee on Employment of People with Disabilities, again he heard the same statistic-one-third of people with disabilities work.

Some of his later work included projects for the late disabilities rights pioneer Justin Dart, with whom Lancaster traveled to every state in the nation to talk about the ADA. And now, 15 years after he was present at the signing of the ADA, and 37 years since he first heard the statistic, Lancaster said, "I still can’t believe that we are stuck at one-third."

Lancaster briefly talked about his work in Vietnam for a U.S.-funded, disability-related organi-zation. He said the attitude toward disabilities in countries such as Cambodia, Vietnam and China are similar to the Buddhist thought of caring for and protecting people with disabilities.

"The people are segregated and kept home," he said. "No-body ever expects them to go to school." He said employment statistics in those nations are closer to five or six percent.

"I would say we have made some progress since I started paying attention to these issues in 1968," Lancaster said. "How much, I don’t know, and I’m not sure all the signs are all that positive."

Governor Taft fills vacancies on DD Council

Shari Lynn Cooper of Dayton recently was appointed to the Ohio Developmental Disabilities Council as a self-advocate. She is a clerical assistant with Goodwill Industries of Dayton, and a graduate of Sinclair Community College with an Associate of Applied Sciences/Disabilities Intervention Services degree.

Cooper has cerebral palsy and knows firsthand about the issues important to people with disabilities.

"In today’s society, the daily struggles with unemployment, finances, transportation, housing, and family are very difficult for many citizens," she said. "But these struggles are twice as hard if you are a person with a disability."

"I am ready to sit among my peers and have a voice on the issues, as well as the solutions that will improve one’s quality of life," she added.

Cooper is interested in serving on Council’s Leadership and Community Living committees.

In 2004, she was elected president of Dayton’s People First chapter, and also was elected to the board of The Advocates, a Montgomery County advocacy organization. She is a past state liaison for the Ohio Rehabilitation Services Commission’s Consumer Advisory Council in her city. Cooper is also a 1996 inductee to the Hall of Fame for People with Disabilities.

Nestor Melnyk, AIA, of Cincinnati was appointed to DD Council as a parent of a child with a developmental disability.

Melnyk is a licensed architect and one of the principals of MSA Architects, Cincinnati. His background in architecture has provided him with a solid knowledge of the accessibility requirements of the Americans with Disabilities Act. He is a graduate of the University of Cincinnati with master of arts and bachelor of architecture degrees.

Melnyk’s five-year-old son was diagnosed with Angelman Syndrome, a neuro-genetic disorder that features mild to severe mental retardation and other accompanying disabilities.

While he has worked hard to include his son in community activities, he has recognized the attitudinal barriers many still hold toward those with disabilities.

"I believe strongly that people with developmental disabilities should be included in our social and community settings," he said. "By becoming a part of our communities, our social structure may become not just tolerant of differences and disabilities, but can embrace and accept them as an integral and valuable part of our society."

Melnyk has helped with family-centered programming at Cincinnati Children’s Hospital Medical Center and also is affiliated with the Arc at the Hamilton County, state and national levels. He is a member of the Angelman Syndrome Foundation, and the Canadian Angelman Syndrome Society, through which he communicates with families about issues regarding disabilities.

Task force identifies five competencies for teachers of diverse learners

The Professional and Teacher Development Task Force is a DD Council-funded project that has created five competencies it feels Ohio educators must demonstrate in order to teach all students equally.

The task force is headed by Cathy Heizman, advocacy director at Memorial, Inc. in Cincinnati. The 16-member group first met in January 2004 and began to do research on what has been done to identify and elevate educator competencies.

We started out by trying to define what makes a good teacher," Heizman said. "That took us a good six to eight months," she said.

The teachers coming out are not necessarily better prepared than educators who came out 30 years ago," Heizman said.

A survey of some 300 educators asked them they think teachers need to know in terms of educating children with all types of disabilities. It also asked what values the educators hold regarding inclusion of all.

"The best teacher in the world can teach children algebra, but if he doesn’t include students with disabilities, we don’t get anywhere," Heizman said.

There was no mention in IDEA about teacher competencies, she said. "That was a disappoinment."

The task force is made up of parents, college educators, advocates, people with disabilities, educational consultants, DD Council members and personnel from the Ohio Department of Education.

"Our goal is to look at how teachers can include children," she said. "Children are diverse learners."

Heizman said teachers are looking for more tools for behavior management, and also how to take education standards and teach them in a variety of ways. "They want skill development and different ways to present the material," she said.

Another way to look at this project’s goal, Heizman said, is to enable educators to take a standard lesson, but teach it in different ways to students who have many ways of learning.

Some of the highlights of the five competencies for educators working with children with diverse learning needs identified and refined by the task force include:

1. Professional and ethical practice

Educators need to be mindful of confidentiality issues surrounding a child with a disability and his or her parents, the student’s diagnosis, and family history.

Educators should regularly review their own possible biases of students with disabilities and respect for learners with disabilities and their families.

2. Collaboration skills

Educators must be able to demonstrate the ability to effectively work on intervention and Individualized Education Plan (IEP) teams. Working in partnership to plan intervention strategies is very important, the Task Force determined. Working with colleagues, community service providers and families is a must.

3. Capacity to create a positive, safe learning environment

Educators must have the ability to ensure a safe and secure environment—a key component to learning. Educators must demonstrate an appreciation for ethnic, socioeconomic, racial, and learning differences, and also must have a sound working knowledge of positive behavior supports and be able to teach appropriate conduct.

4. Knowledge of 504, IDEA, and Ohio’s Operating Standards

To best educate students with disabilities, educators need to have a working knowledge of Section 504 of the Rehabilitation Act of 1973, IDEA ‘04 and Ohio’s Operating Standards for Schools Serving Children with Disabilities 3-21 years of age. They must embrace their role in the multi-factored evaluation (MFE) process and in the implementation of effective and meaningful IEPs. The entire school community must recognize that all students are general education students first and that special education is specialized instruction and an array of services rather than a place.

5. Skills necessary to meet needs of all students

Educators ought to be able to collect, analyze and employ data to drive their support for and assessment of student learning. All educators must create a learning environment where every child can succeed in the areas of his or her gifts or strengths, and increase capacity in areas of weakness.

For more information, contact: Cathy Heizman, Memorial, Inc., 3000 Vernon Place, Cincinnati, OH 45219, (513) 621-3032, cheizman@memorialinc.com

Medicare introduces new coverage for prescription drugs

-Elaine Breiner, Social Security Administration, Dayton

Starting January 1, 2006, Medicare will offer insurance coverage for prescription drugs through Medicare prescription drug plans. Insurance companies and other private companies will work with Medicare to offer these plans.

These plans will help you save money on your prescription drug costs. That’s important in today’s environment; medical practice has come to rely more and more on new drug therapies to treat chronic conditions and out-of-pocket spending on drugs has increased dramatically.

Anyone with Medicare Part A and/or Part B can join a Medicare prescription drug plan offered in their areas. Like other insurance programs, there are costs: premiums, deductibles and prescription co-pays.

Medicare beneficiaries with limited income and resources are eligible for extra help paying for the costs of the new Medicare prescription drug coverage. The extra help will pay most of the costs of monthly premiums, deductibles and co-payments.

Social Security is working with federal and state agencies and local community groups to let potentially eligible people know about the help available with prescription drug costs. Social Security is mailing nearly 19 million applications to potentially eligible Medicare beneficiaries. These applications are being mailed over a 12-week period that began in late May and will continue through mid-August 2005. Applications also are available at www.socialsecurity.gov.

If your monthly income is less than $1,200 for an individual ($1,600 for a married couple living together), and your resources are below $11,500 for an individual ($23,000 for a married couple living together), you may not have to pay monthly premiums or deductibles, and you could pay as little as $1-$5 for your co-payments.

If you receive an application, you should complete and return it as soon as possible. If you do not receive an application in the mail or do not want to wait, you can get one by calling Social Security: 1-800-772-1213 or 1-800-325-0778 tty.

After you apply, Social Security will review your application and send you a letter to let you know if you qualify for the extra help. If you qualify, you need to enroll in a Medicare-approved prescription drug plan to get help with your prescription costs. You can select a plan between November 15, 2005, and May 15, 2006, but the earlier you enroll in a plan, the sooner you can begin to save money on your prescription drugs.

Even if you are not eligible for the extra help, if you are on Medicare, you can enroll in a prescription drug plan starting in November.

To learn more about the Medicare prescription drug plan, call 1-800-MEDICARE (1-800-633-4227) or visit www.medicare.gov.

Beginning in October 2005, you also will be able to get information on the drug plans available in your area. On this website there will be a Medicare Qualifier Tool that will allow you to type in the medications you are taking and will compare the various plans and tell you which plan will best suit your needs.

If you need further help choosing a drug plan, contact the Ohio Senior Health Insurance Information Program at 1-800-686-1578. OSHIIP provides free health insurance information and services for people with Medicare.

News from Nisonger Center

The Nisonger Center
The Ohio State University
323 McCambell Hall
1581 Dodd Drive
Columbus OH 43210

Phone: (614) 688-8472
Fax: (614) 247-6073
rabidoux.1@osu.edu

Transition programs for young adults with disabilities

The Nisonger Center at The Ohio State University is engaged in a number of programs to en-hance the academic and transition outcomes of students with disabilities, their parents and service providers. The Transition and Family Services Program area offers the following services:

Post secondary supports

For students with higher incidence disabilities the project focuses on integrating transition into inclusive English courses to ensure that students with disabilities receive a quality higher education program. To learn more about transition projects being developed at the Nisonger Center, visit our web site at http://nisonger.osu.edu/

Transition weekendplanning retreats

The Transition Weekends are opportunities for high school students with mental retardation or developmental disabilities to spend two days gaining a wide array of skills/supports for preparation to transition to adult life. Families, school personnel, MRDD staff, BVR counselors, and others influencing the students’ transitions are encouraged to attend the retreat to learn about best practices in transition planning. Presentations from professionals in transition, education, MR/DD, vocational rehabilitation, family services, estate planning, and by people with MR/DD are part of the transitions weekend. In addition select high school students work briefly in the hotel housing the retreat. Each student’s team gets assistance with writing a transition plan into the IEP.

The Transition Weekends are coordinated by Margo Izzo, Ph.D., Tom Fish, Ph.D., and staff at the Nisonger Center at The Ohio State University and made possible through funding from the Ohio Rehabilitation Services Commis-sion-Ohio Department of Mental Retardation and Developmental Disabilities Interagency Cooper-ative Program Agreement.

EnvisionIT

EnvisionIT is an interactive, computer-based curriculum for high school students with high incidence disabilities preparing to transition out of high school. Students gather information from the Web and read course content to complete written activities. This process helps to develop the information and English literacy skills needed to pass the reading comprehension section of the Ohio Graduation Test. Another focus is for students to develop online career searching skills to successfully prepare for life after high school. Through the use of Web-search strategies, students consult career-related Web sites to compare and contrast career options and include their top choice to assist in the development of a four-year transition plan. EnvisionIT incorporates a number of academic supports including a narrator, a glossary, guided notes, and video examples of information literacy concepts. After approximately 25 hours of instruction, EnvisionIT prepares students to become knowledgeable regarding career plannig options.

For more information, contact Dr. Margo Izzo: izzo.1@osu.edu or (614) 292-9218.

Faculty and Administrator Modules in Higher Education (FAME)

FAME is an online set of interactive training modules designed to teach faculty and administrators in higher education best practices regarding inclusion of students with disabilities into their college courses. The training consists of five modules:

1. Rights and Responsibilities,
2. Universal Design for Learning,
3. Web Accessibility,
4. College Writing,
5. Climate Assessment

FAME’s innovative features include a detailed site map, videos, and applied case scenarios. The FAME curriculum provides a certification track including a pretest that scaffolds the learner to content that needs review, applied case scenarios that provide immediate feedback on the most appropriate responses to student questions, and a posttest that authorizes certification. As more faculty complete the FAME curriculum and know how to best support the academic pursuits of college students with disabilities students will be better able to achieve their goals. The FAME website is located at: http://telr.osu.edu/fame.

For more information, contact Dr. Margo Izzo: izzo.1@osu.edu or (614) 292-9218.

Next Chapter Book Club

The Next Chapter Book Club (NCBC) is a program that provides adults with intellectual disabilities an opportunity to participate in a social group activity that includes both fun and learning. NCBC participants include those who read well and those who do not read at all. Clubs consist of six to eight members and two volunteer facilitators. Book clubs are held weekly for one hour in bookstores and cafes where participants can purchase drinks, build social skills, make friends, and read together.

Businesses such as Borders Books and Music, Barnes and Noble, Panera Bread, Target, Caribou Coffee, Arabica, Susan’s Coffee and Tea, and Big Boy are currently hosting seventeen Next Chapter Book Clubs across Ohio. Books in the NCBC library are chosen based on their popularity and readability and include classic novels such as Tom Sawyer and A Wrinkle in Time, as well as current and sports related literature. For more information about the NCBC, please log on to our website: www.nextchapterbookclub.org or contact Program Coordinator Jillian Ober, (614) 247-6392, ober.7@osu.edu.

LIVES WORTH SAVING

A new national toll free hotline for people needing life saving, solid organ transplant operations such as heart, lung, kidney, liver and or pancreata.

Hotline: 1-800-637-2316

The LIVES WORTH SAVING HOTLINE provides people with disabilities with authoritative information on organ transplantation and how to maximize one’s chance of being listed and transplanted. There are not enough suitable organs for transplantation to save the life of everyone who needs a transplant. It is very important for people with disabilities to learn about the transplant process, which can be overwhelming even to the most astute individuals. We will directly answer the questions of people with disabilities and their advocates.

Please help us save as many lives as possible by empowering people with knowledge about the transplant system. Please distribute our hotline number to all people on your mailing list (put it in a mailing or in your newsletter) and ask others who have mailing lists or newsletters to do the same. Let’s get out the word—people with disabilities deserve equal consideration for transplant operations and a national program has been established for that purpose.

Sincerely,
Steven Reiss, Ph.D., Director
Nisonger Center
The Ohio State University

Linda Jones, R.N., Program Director
Nisonger Center
The Ohio State University

Note: Professor Reiss is a post-transplant patient. Linda Jones is former CEO of Lifeline of Ohio, an organ procurement organization, and former national board member of United Organ Sharing, which oversees organ procurement in the United States. LIVES WORTH SAVING is a national program of the Nisonger Center UCED. We are cooperating with National Volunteer Working Group.

Have you been looking for a way to give back to your community?

Do you have one hour to spare after work each week?

The Next Chapter Book Club is for you!

The Next Chapter Book Club is an exciting program of the OSU Nisonger Center that promotes literacy, social interaction, and community inclusion for adults with intellectual disabilities. Book clubs meet weekly for one hour in bookstores and cafés such as Borders and Panera Bread. There are currently 14 Next Chapter Book Clubs in the Columbus area and we are looking for volunteers to serve as group facilitators. A current facilitator reports, “We have all become real friends and to a great extent, have positively changed each other’s lives.” As a volunteer facilitator, you will be provided with training and ongoing support. If you would like to volunteer or learn more about the Next Chapter Book Club, please contact Program Coordinator Jillian Ober, ober.7@osu.edu or visit: www.nextchapterbookclub.org

Businesses such as Borders Books and Music, Barnes and Noble, Panera Bread, Target, Caribou Coffee, Arabica, Susan’s Coffee and Tea, and Big Boy are currently hosting seventeen Next Chapter Book Clubs across Ohio. Books in the NCBC library are chosen based on their popularity and readability and include classic novels such as Tom Sawyer and A Wrinkle in Time, as well as current and sports related literature. For more information about the NCBC, please log on to our website: www.nextchapterbookclub.org or contact Program Coordinator Jillian Ober, (614) 247-6392, ober.7@osu.edu.

What’s Next

Young adults meet separately from their parents and focus on such matters as social skill devel-opment, independence, friendships, roommate selection, and recreation/leisure time activities. Parents learn about community residential options, benefits and entitlement programs, adult service programs, employment opportunities, and individualized service plans. Families and young adults gain support from one another and also benefit from having the opportunity to learn about and plan for the future over an extended period of time.

For more information regarding the What’s Next program, contact Tom Fish, (614) 292-7550, fish.1@osu.edu.

Aspirations

Participants brainstorm and advise one another about various ways to improve their skills in the areas of friendships, problem solving, vocational planning, teamwork skills, understanding others, and success on the job. Young adults benefit from the opportunity to meet and interact with others on the autism spectrum who may also experience similar joys and challenges.

Aspirations groups consist of six to eight members with ages ranging from 16-25. Groups meet for one hour, once a week, for eight weeks.

For additional information about Aspirations, contact Ashleigh Hillier, (614) 293-6119, hillier.9@osu.edu or Courtney Colledge, (614) 247-7151.

July 26, 2005
15th Anniversary of the Americans with Disabilities Act (ADA)
Ten Small Business Mistakes: Information on the Americans with Disabilities Act

This 13-minute DVD identifies common mistakes that small businesses make when trying to comply with the ADA.

Produced under a grant from the US Department of Justice, it features statements by store owners expressing their misunderstandings about the ADA, followed by responses from USDOJ staff explaining the law in common sense terms.

It is part of a broader initiative called the ADA Business Connection that gives businesses information needed to succeed in attracting and serving customers with disabilities.

USDOJ has an extensive technical assistance program offering free assistance to businesses, governments, and the public. These activities are a key component of the Department’s efforts to secure voluntary compliance by explaining the law’s requirements to those with rights and responsibilities under the ADA.

Free. Captioned and audio-described. USDOJ, (800) 514-0301; (800) 514-0383 tty; www.ada.gov

News from Ohio Legal Rights Service (OLRS)

Ohio Legal Rights Service
8 E. Long St., Suite 500
Columbus, OH 43215-2999

Toll-free: 1-800-282-9181
Local: 1-614-466-7264
TTY toll-free: 1-800-858-3542
TTY local: 1-614-728-2553
Fax: 1-614-644-1888

www.olrs.ohio.gov
http://olrs.ohio.gov

OLRS advocates for students receiving post-secondary vocational rehabilitation services

On behalf of several clients, who are students receiving vocational rehabilitation services to attend college, OLRS successfully advocated against proposed changes to a Rehabilitation Service Commission (RSC) rule that did not comply with federal law.

Early this year, RSC proposed to change one of its administrative rules, commonly known as the “Training” rule, in response to the rising costs of higher education. RSC stated that the rule im-plements federal and state vocational rehabilitation laws and, in part, determines how RSC provides assistance to students with disabilities for educational training at colleges and universities.

RSC held a public hearing on the proposed rule changes in January. After reviewing RSC’s proposed changes, OLRS decided that the changes did not comply with the federal regulations, and made recommendations for changes. The final rule, enacted in May 2005, reflected several of these recommendations.

Rule needs to account for individualized needs

OLRS first advocated that the part of the rule that says a student must attend a two-year college educational institution for the first two years of a four-year college program does not comply with federal regulations because it does not take into account a student’s individualized needs. OLRS gave an example of one student who uses a wheelchair who could more easily get to a four year college to attend classes because she could ride the college’s handicapped student bus service, than she could get to the two year college because public transportation to the two year college was not as reliable.

Additionally, OLRS was concerned that some two-year college programs were not as academically rigorous as four-year college programs, which could impact on admission to professional or graduate education programs.

OLRS advocated that the new rule be written to take into account a student’s individualized needs. RSC changed the proposed rule to reflect this recommendation. The new rule now in effect specifies that, in deciding whether a two-year college educational institution will meet the student’s needs, RSC must consider:

(1) the student’s vocational rehabilitation needs, and
(2) whether the coursework the student needs is available at that two-year college.

Rule needs definition of post-secondary expenses

OLRS also advocated that the rule did not comply with federal regulations because it did not clearly define what “post-secondary educational expenses” are. Ohio’s RSC did not have clear direction on what expenses to count when making decisions about financial need. Thus, Ohio’s RSC did not treat students in similar circumstances uniformly. Examples of how students in different parts of the state were treated differently because RSC did not have clear policies on what were post-secondary educational expenses:

• Students who had a visual impairment and lived in one part of the state routinely got computers while other students with visual impairments who lived in another part of the state did not.
• Students got different rates of reimbursement for mileage to and from school based on where they lived in the state.

OLRS advocated that a clear definition of “post-secondary educational expenses” be written in the new rule.

Rule needs to allow exceptions to family contributions

OLRS also advocated that the rule did not comply with federal regulations because it did not allow for exceptions to the rule of how much a student’s Expected Family Contribution (EFC) must be. An exception would take into consideration a student’s individual disability-related expenses when deciding how much the student (and his or her family) should contribute to paying for school. Examples of disability-related expenses that one student might have to pay while another student does not:

• A student has the expense of paying for an unanticipated disability-related surgery during college.
• A student has the expense of paying for an accessible van during college.

OLRS advocated the new rule be written to allow for exceptions to the EFC, to account for a student’s individual circumstances.

In the new rule a student must pay 50% of EFC in 2005-6, 75% in 2006-7 and 100% in 2007-8. (Before, the rule required that a student pay 100% of the EFC in the 2005-06 academic year.)

The new rule also says that a student can use scholarships and awards that the student gets to help pay the student’s percentage of the EFC.

Finally, OLRS advocated that the proposed rule include a reference to the requirement in state and federal regulations that RSC cannot suspend, modify or terminate a service that is provided under an Individualized Plan for Employment (IPE) if the consumer files an appeal. OLRS maintained that, although the requirement has been law since 1998, RSC has not been informing its staff or clients about it. OLRS has been informing consumers and counselors about the requirement since it became law, and was still informing them as of 2004. RSC told OLRS that current RSC clients can still request an appeal if they are dissatisfied with the idea of changing their current IPE.

Martin v. Taft Update

Appointment of a Special Master

Activity in this long running class action case, in which attorneys from OLRS represent the plaintiffs and the plaintiff class, has focused on negotiations monitored by the Court appointed Special Master. On February 15, 2005, United States District Judge Edmund Sargus reacted to the filing of numerous motions by objectors to the proposed June, 2004 settlement and a request by the plaintiffs and plaintiff class to withdraw the settlement by appointing a special master under Federal Rule of Civil Procedure 53. The Court stated that it was “of the opinion that all avenues to a settlement of this case must be explored and exhausted before ruling on the potential dismantling of this fifteen-year old class action.”

The master is Mark Landes, a lawyer in private practice with Isaac, Brant, Ledman, & Teeter in Columbus. The master is ordered:

• To convene the parties, including plaintiffs, plaintiff class, plaintiff-objectors and defendants to explore the availability of settlement and to make a report to the Court regarding why negotiations have broken down, and
• To schedule and preside over settlement negotiations.

The Judge went on to direct that, if in his opinion, all avenues of settlement have been explored and exhausted, and settlement is not achieved, the Special Master shall so notify the Court.

Within 30 days of notifying the Court that settlement has not been achieved, the master must make a report and recommendation to the Court on the pending motions to decertify the class and disqualify plaintiffs’ counsel. The parties will have 20 days to object to the recommendation, and then the Court will issue its final ruling on the motions.

In light of its appointment of the master, the Court granted the plaintiffs’ and plaintiff class’ motion to withdraw the settlement from court approval. The Court did not address how the costs of the master would be allocated, other than to state that the Court would consider the extent to which any party is more responsible than other parties for the reference to a master, as permitted by federal rule.

Mediation session

On March 23, 2005, the master met with the plaintiffs, defendants, and objectors. The master met privately at length with the parties, and then met privately with the objectors and their attorneys for most of the afternoon, while the parties continued to hold discussions. No settlement was reached, however, and the master ordered the plaintiffs and defendants to continue negotiations that attempted to settle the case while addressing the objectors’ concerns.

The parties reported to the Court on April 25, 2005, on the status of the negotiations. The joint report of the parties filed with the court focused on the ex-ecutive budget that had been submitted to the General Assembly by the Governor and its proposal to convert the ICF/MR program to a waiver, while capping the number of ICF/MR beds in the state at the current level.

The report noted the changes to the budget bill made by the House Finance and Appropriations Committee, which removed the waiver language and referred the issue to a study council made up of state legislators, executive agen-cy officials, provider groups, and parents and families of people living in ICFs/MR. That version was approved by the full House of Representatives. The report suggested that the budget deliberations would continue to impact on settlement negotiations.

Budget Bill

Subsequent to the April 25 report, the parties continued to provide information to the master on the status of the budget bill. The Senate Finance and Financial Institutions Committee restored a waiver in the bill but limited it to a smaller, 200 bed three year pilot that would be limited to volunteer providers and residents. The pilot exempted state owned and managed developmental centers. Statewide implementation of the waiver would require approval by the General Assembly.

Because the House and Senate versions differed, a conference committee reviewed both versions and adopted the Senate pilot program with some additional language that expanded the role of the study council and added representatives from OLRS and DD Council to the council. That language was adopted by the General Assembly in the final budget bill. The Governor signed the budget on June 30, 2005, and it was effective on July 1, 2005.

Next steps

OLRS attorneys and advocates are reviewing the final budget language and its impact on the Martin litigation in order to make a recommendation to the special master regarding the next steps in the case. Several aspects of the final waiver proposal are difficult to reconcile with the interests of the plaintiff class, not the least of which is the exclusion of the developmental centers (DC) from inclusion in the waiver. Because the proposal does not remove ICF/MR services from the state’s Medicaid plan, it does not address the backfill issues originally raised by the defendants in support of the waiver. In fact, the budget language reinforces an entitlement to ICF/MR services in state DCs, arguably the most segregated of placements.

Client choice was central to plaintiffs’ acceptance of the June 2004 settlement. As originally proposed, choice was between community based or facility based services with choice of provider. In the final budget language choice would require the individual resident to select a new ICF/MR provider and move if he or she did not want to participate in the waiver.

There is no explicit reservation of funds; neither is there an explicit requirement of comparability of services. The final budget provision does not address those in the community who are at risk of being institutionalized, or who have been wait listed for a long period, a significant criticism of the 2004 settlement by advocacy groups. Any statewide relief for the class would be put off until at least 2008 and would require approval of statewide expansion of the waiver by a subsequent general assembly.

This second attempt in an executive budget to change Ohio’s policy in regard to its institutionalized citizens with developmental disabilities will be seen by some as significant progress, as the 2003 version did not pass. Others, particularly those who are waiting for Ohio’s funding scheme to allow them a meaningful choice between institution and community, will see it as once again being denied that choice. For this group, it may be that a trial and court order is necessary to bring the state into full compliance with Title II of the Americans with Disabilities Act.

Did you know that OLRS has a section on its web site that provides updates about developments in the IDEA reauthorization process? Visit http://olrs.ohio.gov/asp/olrs_IDEA.asp regularly to stay informed on what is happening with IDEA.

OLRS in National Spotlight

Awards, presentations and highlights in NAPAS Annual Report

The National Association of Protection and Advocacy Systems (NAPAS) is recognizing OLRS this summer in a variety of ways that share OLRS’ work and achievements with other P&As nation-wide and with the federal entities that oversee the P&A system.

Award

NAPAS honored OLRS at its annual awards ceremony during NAPAS’ national conference of P&As in June. NAPAS cited OLRS’ leadership in reducing the use of chemical restraint in children and OLRS’ collaboration with area media, agencies and families to advance that goal. Executive Director Carolyn Knight received the award on behalf of OLRS. NAPAS also presented awards at the ceremony to Gwen Malcuit and her son Nick, and to Encarnacion Pyle of the Columbus Dispatch for her reporting.

OLRS Commission Chair William Crum and Commissioner and PAIMI Council Chair Jerry Cohn, and OLRS staff members Wendy Winger, Winnifred Weeks and Joy Pratt also attended the ceremony.

Annual Report

OLRS’ work is prominent in NAPAS’ 2004 Annual Report to Congress and the Administration on Developmental Disabilities. The Report describes OLRS’ work in eight areas:

• OLRS’ comprehensive review of the Ohio Department of Mental Health’s disciplinary practices and policies and publication of an investigative report.
• OLRS’ Rights and Recovery campaign to improve supports for individuals with mental illness through statewide self-advocacy training and dissemination of publications on supports and self-advocacy.
• OLRS’ advocacy for a pilot program to serve children with both developmental disabilities and mental illness in schools.
• OLRS’ advocacy for accommodations in the workplace to allow people with disabilities to continue working.
• OLRS’ advocacy for the rights of tenants with disabilities to keep service and support animals in their apartments.
• OLRS’ collaboration with the Brain Injury Association of Ohio and Team Brain Injury of the Ohio State University to create opportunities for affordable and accessible homeownership.
• OLRS’ successful representation of individual clients and a statewide advocacy organization in their suit against a transit authority for failure to announce stops.
• OLRS’ advocacy to protect the voting rights of 28 people with disabilities threatened by a county board of elections and probate court.

NAPAS’ Annual Report is available at http://www.napas.org/I-6/2004Report.pdf

Invitations to speak

NAPAS invited five OLRS staff members to speak at the national conference. NAPAS asked the speakers to present three areas in recognition of OLRS’ outstanding work in those areas:

1. Complex Legal Issues
• Asserting P&A Standing
• Ethics: Who is a Client and Other Issues
• Settling Complex Medicaid Litigation
2. Abuse and Neglect Workshop
• Reducing the Use of Chemical Restraints in Children
3. Self-Advocacy and Mental Health Recovery
• Leadership, Self-Advocacy and Rights &Recovery Campaign

Hold the date-OLRS Public Hearing

Ohio Legal Rights Service (OLRS), the federally designated protection and advocacy agency in Ohio, will hold a public hearing on its annual goals and objectives. The public hearing will take place on Tuesday, September 20, 2005 at 1:30 pm until all testimony is heard. The hearing will be held in the lobby hearing room of the Rhodes State Office Tower, 30 E. Broad Street, Columbus, Ohio.

OLRS will take written or verbal comments from any person on that day. Written comments also may be submitted by mail, email or fax to OLRS on or before September 20, 2005.

If you need interpreter services or other special accommodations for the public hearing, contact OLRS by September 13, 2005. For further information about the goals and objectives contact OLRS

OLRS challenges denial of access

OLRS, as the protection and advocacy system (P&A) for Ohioans with disabilities, has filed two cases in federal and state court to challenge the denial by the facilities of OLRS’ statutory access to client records. OLRS access is guaranteed in both federal and state law.

In the case of OLRS v. Buckeye Ranch, OLRS alleges that it was denied access to the client record of a 13-year-old resident who had suffered a broken wrist. The OLRS investigator had probable cause to believe that the child had been abused or neglected. OLRS also seeks logs related to incidents of restraint and seclusion of children.

In the Buckeye case, U.S. District Judge James Graham ruled that OLRS is entitled to obtain the records of both the 13-year-old and the seclusion and restraint logs under the access granted by state law.

While the judge deferredruling on OLRS’ federal law access claims, he did resolve the impact of federal HIPAA privacy regulations on OLRS’ access to patient records.

The judge ruled that OLRS’ access was allowed under two exceptions to the general requirement that a provider not disclose information without patient consent. First, he ruled that disclosure was “required by law” as that term is used by the regulations. He also ruled that OLRS is a “health oversight agency” and therefore disclosure was permitted. The court ordered that Buckeye be permanently enjoined from withholding access to the requested records.

A ruling in the second case, OLRS v. St. Vincent’s Childen’s Home, is pending.

Calendar of events

August 12-14
Community Inclusion: Linking Recovery with Results
Ohio Advocates for Mental Health 22nd Annual Meeting, Crowne Plaza Hotel, Dayton, Registartion fee: $175, OAMH, (800) 589-2603, www.ohioadvocates.org

August 16
Fetal Alcohol Spectrum Disorders Conference
Ohio Department of Alcohol and Drug Addiction Services,
Columbus Marriott North, ODADAS, (614) 466-3445

August 25
Workers with Disabilities: Ready for Tomorrow’s Jobs Today
Ohio Governor’s Council on People with Disabilities Annual Meeting, Statehouse Atrium, Columbus, $25, contact AXIS, (800) 231-2947, axiscenter@aol.com

September 6-7
Living the Life You’ve Always Imagined: Innovations in the Way We Support People
Ohio AAMR Annual Conference, Dublin Embassy Suite Hotel, Dublin, $125 AAMR members, $135 non-members, www.ohioaamr.org

September 29-30
Brain Injury: Operation Awareness
Brain Injury Association of Ohio 24th Annual Conference, Columbus Marriott Airport Hotel, BIAO, (866) 644-6242, www.biaoh.org

October 7-8
Fifth Annual Adult Sibling Conference
Columbus Marriott Airport Hotel, Tom Fish, Ohio SIBS, (614) 292-7550, fish.1@osu.edu

October 19-20
Keys to Housing Options
Ohio Developmental Disabilities Council Annual Conference, Columbus (see back cover)

November 18-20
Advocating and Communicating for a Brighter Outlook
American Council of the Blind of Ohio (ACBO) State Convention, Holiday Inn on the Lane, Columbus, Ken Morlock, (800) 835-2226

DD Council recognizes volunteers and conference center for exemplary service

ADA Award honorees

At the Multiple Perspectives Conference, April 12, 2005, Ken Campbell presented Nancy and Cameron James, and Mills-James Productions, with the second annual ADA Award. Through a grant from the Ohio Developmental Disabilities Council, this award is presented to individuals and/or organizations who have made significant contributions in support of the Americans with Disabilities Act (ADA).

Over the years, the James’ have championed many causes. They have been particularly instrumental in promoting an awareness of dyslexia and the rights under the ADA of individuals with dyslexia.

Their efforts on behalf of children include spearheading efforts to pass legislation for early identification and appropriate intervention for children who are at risk of reading failure and being in-volved in the 32nd degree Masonic Learning Center for Children, which provides free after-school tutoring to children with dyslexia.

The family works for many fund raising projects for cancer research, and volunteer for the American Heart Association and the Diabetes Association.

In 1990, Mills-James Productions produced the 10th ADA anniversary celebration in Columbus, which was the largest celebration in the country outside Washington, DC.

Midwest Hotel and Conference Center

On June 3, 2005, the Ohio DD Council presented staff of the Midwest Hotel & Conference Center with an Award of Excellence for the quality service they provide.

For several years this hotel has worked with Council to make their facility accommodating to the needs of guests with disabilities. They purchased equipment to make rooms more accessible, offered to provide menu selections to meet special dietary needs, and provided staff training, while remaining flexible, courteous and professional.

“The hotel goes above and beyond the call of duty to serve our organization with a smile and efforts that get results,” said Dave Zwyer, Executive Director of DD Council. “Their positive attitude keeps us coming back.”

The Midwest Hotel, formerly the Ramada Plaza, is located at 4900 Sinclair Rd., Columbus.

Resources

All resources listedin DD Quarterly are available from the AXIS library:(800) 231-2947 axiscenter@aol.com

Autism: The Hidden Epidemic?

This is a compilation of NBC News special reports on the subject of America’s fastest growing serious developmental disability. Included on the DVD are a ten-part “Today” show series, a six-part series from CNBC, extensive reporting from “NBC Nightly News”, as well as comprehensive coverage on autism, which aired on MSNBC, NBC Universal’s owned-and-operated stations and Telemundo.

Autism topics include early signs, possible causes, emotional aspects, educational interventions, advocating for your child, the law and your child, and adults with autism.

Other segments report on the rise in diagnoses, how families fight for insurance coverage for therapy, soaring demand for services, a new program that trains teenagers with autism for jobs, and life through the eyes of a child with autism.

This DVD is provided by Autism Speaks, a special fundraising drive of the Autism Coalition for Research and Education, Inc. on the Internet, www.autismspeaks.org

$4.96 from NBC. Item #N60516-00000-00000, (800) 676-5523; www.shopnbc.com

Helping Your Teenager Beat Depression: a Problem-Solving Approach for Families

This book offers parents a strategy to become active partners in the treatment of their child’s depression. It helps to identify behaviors that have their roots in depression and then respond positively and empathetically to these behaviors.

After identifying what behavior or attitude they want to change parents create a plan to:

• Label their own thoughts and emotions related to teen’s behavior
• Empathize with their teen’s perspective; explore ways to respond to this perspective
• Pick a follow-up time to evaluate the result; plan ahead for the next step

This approach can be used to address minor mood problems and reduce the risk of relapse, and in conjunction with professional therapy for more serious depressive disorders.

Includes case studies, exercises and checklists.

201pp. $19.95 plus S&H. Woodbine House, 6510 Bells Mill Rd., Bethesda, MD 20817; (800) 843-7323; www.woodbinehouse.com

Breaking Bread, Nourishing Connections: People with and without Disabilities Together at Mealtime

Mealtimes are about much more than the physical act of eating; they’re also about enjoying the company of others, nourishing human connections, and participating in a meaningful social ritual.

Developed by authors with extensive personal and professional mealtime experiences with people with and without disabilities—and incorporating the input of a nutritionist, human services professionals, educators, and people with disabilities and their families—this practical handbook helps you ensure pleasurable, full inclusive mealtimes.

Gain insight on what dining can mean and learn how to support people with disabilities as they make the most of each mealtime’s social opportunities.

280pp. $29.95 plus $5 S&H. Brookes Publishing Co., Inc., PO Box 10624, Baltimore, MD 21285-0624; (800) 638-3775; www.brookespublishing.com

Demystifying Autism Spectrum Disorders: A Guide to Diagnosis for Parents and Professionals

Parents of a child with an autism spectrum disorder (ASD) need clear, comprehensive information to decipher the complex, behavior-based diagnostic evaluations and definitions.

This guide for lay readers will help families, as well as educators and caregivers, unlock many of the mysteries and nuances behind the ever-evolving diagnostic process.

The author explains the five types of autism that fall under the ASD umbrella: Autistic Disorder, Asperger’s Disorder, Childhood Disintegrative Disorder, Rhett’s Disorder and Pervasive Develop-mental Disorder - Not Otherwise Specified (PDD-NOS). She also spells out the distinctions among the categories and demystifies the technical jargon so parents better understand how professionals assess the different types of autism.

This is one in the series of publications, “Topics in Autism.”

241pp. $16.95 plus S&H. Woodbine House, 6510 Bells Mill Rd., Bethesda, MD 20817 (800) 843-7323. www.woodbinehouse.com

Disability is Natural: Revolutionary Common Sense for Raising Successful Children with Disabilities

"For each child with a disability living today, and for those not yet born: may you live the life of your dreams, for your disability is irrelevant."-Kathie Snow

In this book you will learn how children with disabilities, under the loving guidance of their parents, can lead successful, natural lives at home, in school, and in their communities.

But first, parents must recognize that a child’s disability is not the “problem.” The real problem is— and always has been—attitudes and perceptions about disability.

Recognizing that disability is a natural part of the human experience will lead to new attitudes and new actions.

• See, love, and parent your child based on his abilities, assets, and strengths
• Ensure your child lives a real life, included in all environments
• Dream big dreams for your child, then turn them into reality.

324pp. $30. Braveheart Press, PO Box 7245, Woodland Park, CO 80863; (866) 948-2222; www.disabilityisnatural.com

The Sibling Slam Book: What it’s really like to have a brother or sister with special needs

Teenagers who have ever wondered if there’s anyone else out there who knows what it’s like to have a brother or sister with a disability should read this book.

It is a collection of more than 50 questions answered by 80 teenagers from around the world. Most, but not all of the questions, focus on what it is like to have a sib with special needs, because that is only part of who they are. There is space for the reader to add his own opinions.

This book uncovers what’s weird, what’s fun, what’s annoying, and what’s cool about having a brother or sister with a disability. Taken as a whole, the comments express a diverse set of experiences, and a strong connection and level of respect for siblings.

154pp. $15.95 plus S&H. Woodbine House, 6510 Bells Mill Rd., Bethesda, MD 20817; (800) 843-7323; www.woodbinehouse.com

SAVE THE DATES! October 19-20, 2005
DD Council’s Annual Conference
Hyatt Regency Hotel, Columbus

Conference highlights:

• Nationally recognized keynote speakers
• 12-15 workshops about housing issues for people with disabilities
• Evening reception/networking session
• Displays, resources, demonstrations

Registration fee: $100 includes meals
A limited number of waivers and scholar-ships will be available for people with disabilities and family members.

Registration materials-including scholarship applications- will be available at www.ddc.ohio.gov and from the AXIS Center (numbers at left) after August 15, 2005.

If you want to stay at the Hyatt for this conference—and you require an accessible sleeping room—contact AXIS to make your reservation.

Cosponsored by
Ohio Department of Job and Family Services through a grant from the Centers for Medicare & Medicaid Services
Ohio Governor’s Council on People with Disabilities
Ohio Olmstead Task Force

CEUs pending for MRDD and Social Work.

DD Quarterly is produced by AXIS Center for Public Awareness.

DD Quarterly can be viewed at www.ddc.ohio.gov or can be requested from AXIS in large print and on audiocassette.

Please pass this copy to others who could benefit from it. If you, or someone you know, would like to be added to the mailing list, please call AXIS.

Toll free in Ohio, v/tty:
(800) 231-2947

In central Ohio, v/tty:
(614) 262-8124

Fax: (614) 267-4550

E-mail: axiscenter@aol.com

AXIS STAFF
Sue Willis, project director
Vince McGuire, photographer
Kelley Femia, designer
Beth Kramer, writer/editor
Shari Veleba, writer
Rev. Dan Young, writer
Kim Ryan, audio recording
Joyce Talkowski, assistant
Donna Kinney, assistant

Copyright 2005. Content may be reprinted upon request.

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