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DD Quarterly Winter 2004

Circulation 21,150

Ticket to Work: two opinions

Yes, it will benefit Ohioans with disabilities.

The federal Ticket to Work (Work Incentives Improvement Act) was signed into law in 1999 and has since gradually eased into implementation throughout the states as the Ticket to Work and Self-Sufficiency Program.

Ohio welcomed the Ticket to Work Program during a ceremony in Columbus, November 14.

Ticket to Work is a voluntary program and is good for Ohioans with disabilities. The nationwide initiative helps those with disabilities aged 18-64 who receive Social Security and who want to join or rejoin the work force to decrease their de-pendence on public benefit rolls. Ticket to Work:

  • Gives consumers the opportunity to choose between public or private sector employment providers.
  • Removes barriers that require people with disabilities to choose between health care coverage and work.
  • Assures that more Americans with disabilities have the opportunity to participate in the workforce and lessen their dependence on public benefits.
  • Provides an easy and quick process of requalifying the individual for disability benefits if the attempt to work simply does not work out as hoped or planned.

According to Bruce Growick, Ph.D., associate professor of rehabilitation services at The Ohio State University, and one of the strongest voices in the state for the Ticket to Work, the program provides the first stages toward removing barriers that in the past have discouraged Social Security Administration’s (SSA) SSI and SSDI beneficiaries who may have been interested in a return to work.

"The ‘Ticket’ represents a bold and positive departure from the old way of providing much-needed rehab services, [for example] through one state agency [RSC] that is underfunded, over-worked, and has not always been very successful with returning SSA beneficiaries to employment," Growick, also a member of the U.S. Access Board, said.

He said he hopes the Ticket will provide alternatives for service and encourage beneficiaries that they can work and still have health care and disability coverage if needed.

The great hope of Ticket to Work, as well, is that it will be a leading force to help bring solvency to the Social Security Administration’s Trust Fund, which has for years faced a future of doom with the huge numbers of Baby Boomers expected to begin drawing from the fund upon retirement.

Ticket to Work creates options and provides choice for people with disabilities seeking to get back to work by creating employment networks from which to choose.

Employment networks are paid with funds that previously were used to pay benefits to people with disabilities. When people use their Ticket to go to work, they go off Social Security benefits and begin using their employers’ insurance or buying private insurance.

Members of the employment network provide job search skills, training and vocational rehabilitation to people with disabilities. Currently, there are 40 agencies approved to offer such assistance, including some out-of-state agencies.

For Angela Gierhart, 38, an unemployed former product designer from Fremont receiving SSDI benefits for the past two years, the Ticket means hope in rebuilding for a future.

"I would get benefits through BVR to help with my job search, and education," she said. "I won’t lose my Medicare. There are incentives to get back to work."

Gierhart said ultimately returning to work would help improve many aspects of her life. "I would regain my quality of life, and I would feel like a productive citizen. My self-esteem would improve," she said. "It would give me a purpose again." Gierhart said that in November she assigned her Ticket to the Ohio Rehabilitation Services Commission’s Bureau of Vocational Rehabilitation for further job search readiness and training.

In bridging the gap between having to choose between health coverage and working, Ticket to Work and Work Incentives Improvement Act (TWWIIA) also expands Medicare coverage to eight and one-half years after a consumer has begun to work. Previously, that was capped at four years before coverage was dropped.

Ticket to Work can be a significant opportunity for those committed to working, said Joyce Clemons, adult specialist with the Ohio Department of Mental Retardation and Developmental Disabilities’ Division of Community Services, Systems Innovation, Training and Technical Assistance.

"I think it can be a great thing for people who have made up their minds firmly that their objective is to secure employment or self-employment while making sure they have the supports and accommodations required to perform and keep their jobs and careers," she said.

Clemons is pleased that the Ticket offers a wide range of service providers to consumers. "Having a choice is better than not having a choice," she said.

But Clemons cautions consumers to make "informed choices" as to which agency they select. And part of the process is seeking a benefits analysis from a Benefits Planning, Assistance and Outreach (BPAO) service. TWWIIA mandated this free service.

A benefits analysis allows the individual to learn the full scope of how their benefits will be affected upon entering the work force.

Clemons added that it is important for each consumer assigning a Ticket to "recruit allies" who will help guide them in the process, and encourage them to not give up while they strive to succeed at work.

MAXIMUS, the largest provider of program management, consulting and information technology services to state and local governments, was selected to manage the Ticket to Work program, and provides a toll-free phone number and website to field questions consumers might have about it: (866) 968-7842 v; (866) 833-2967 tty; www.maximus.com

Hmmm. Is the "ticket" worth its price?

When lawmakers created the Social Security Administration’s Ticket To Work program several desired outcomes drove the initiative. Creators wanted:

  • The private sector to take advantage of the program, largely increasing employment options for people with disabilities.
  • To move people from Social Security Disability benefits to regular employment and help relieve the current Social Security system’s financial crunch.
  • To increase possibilities for people with disabilities to live more independent and self-sufficient lives through successful employment experiences without cash support.

There is little disagreement in the disability community that the Ticket is really going to work best for those people with disabilities who have existing significant skill levels and are near "ready" for employment. One national Ticket panel member was heard to say, "The cream at the top will be the ones served by this program."

A significant number of people with disabilities are in need of a little more training or support to make the leap from being jobless to employment. Those needing that broader and more intensive and longer term training may not be good candidates for the program. And since one of the reasons the Ticket exists is to reduce the number of people receiving Social Security Disability Insurance (SSDI) benefits, those who appear to have the best chance of success will get the attention and resources available. And that is still good news, as the more people with disabilities are successfully employed, the more employment opportunities will increase for others.

But as the program "rolled" across the country, including Ohio, this past November, all is not going as smoothly as hoped. As is predictable with any new mega-program, problems surfaced that concern providers and advocates. Here are the problems most frequently mentioned by those directly involved:

  1. Lack of instruction and information going to people receiving the "Tickets" in the mail.
  2. Outcome-based payments for services not received until the end of the process discourage agencies and employers from becoming employment networks.
  3. Unless a Medicaid Buy-In program is in place, people with disabilities fear losing their Medicaid eligibility if they enter jobs that do not provide comparable health coverage.

When MAXIMUS became the national agency to manage the program, it was not given the responsibility to notify or educate beneficiaries about the Tickets or how to use them. In fact, one state official said, "No one was really assigned that task." Certainly, MAXIMUS has developed a website that provides good information (www.yourtickettowork.com), but when a Ticket arrives in the mail, beneficiaries tend not to understand what the ticket is for, its value or how to use it.

Even if they are able to access the MAXIMUS website, the detailed information they need about employment networks must come from those networks directly. The complicated steps needed to find details about engaging the Ticket’s benefits do not motivate people to begin the process. Advocates feel that "the ball was dropped" in the planning process as it relates to giving beneficiary education prior to the Tickets being mailed out. The process relies on employment networks to do the marketing, of which many have done little.

State vocational agencies who are themselves employment networks, other state departments, and advocacy organizations are working to educate their own constituencies. In fact, most people who use their Ticket use public agency employment networks because of the marketing done, and because people with disabilities are already accustomed to using them for services.

Ohio Department of Mental Health official Doug Bailey, an informed and experienced participant at the national and state levels of the Ticket program’s implementation, raises the related concern, "Consumers may not take advantage of this program’s ability to provide them real choices. The Ticket gives them the chance to ‘shop around’ for the employment network service that works best for them." It is natural for people with disabilities to go for services where they are familiar.

The second problem facing the Ticket program is the reluctance of employers, especially those in the private sector, to take advantage of the program. Bailey said, "The Ticket doesn’t seem to generate much excitement in the private sector employer community." It has always been a challenge for the social service system to connect people with disabilities to employers, and Bailey thinks employers miss the potential of the Ticket as a tool "similar to an advanced tax credit." He believes that MAXIMUS can and will do more to involve more private sector employers. "Once MAXIMUS can get past the current "start up" stage, they will be free to focus on making employer connections."

Advocates voice the related concern that established outcome-based and milestone-based payment criteria force payments to be too late in the process for employers to become or stay interested. Most potential employment networks are going to want cash support sooner in the process. Bailey responds to this concern by suggesting that "both MAXIMUS and Social Security are realizing the problem and we’re starting to see efforts and strategies" aimed at addressing it. He advises that nonprofit employment networks can help by taking advantage of community foundations that may be willing to provide seed grants for the Ticket program.

Finally, the disability community expresses strongly that until Medicaid Buy-In is a reality for Ohioans with disabilities, they will find it difficult to participate in the Ticket program, and lose Medicaid eligibility in jobs that pay well but do not provide health benefits. "Medicaid Buy-In exists in 28 states to date, and Ohio shouldn’t lag behind any longer," Bailey said. "All those responsible for planning social service budgeting need to adopt a longer term vision that understands that initial costs up-front will lead to people needing fewer services later."

Ticket to Work is a well-conceived program that holds promise for a certain portion of people with disabilities who need and want employment. Prob-lems exist in part of its design and implementation, but as long as the entire cast of characters involved in its management and implementation work together to address those problems, Ticket To Work can be a ticket well worth its price.

The PABBS program assists beneficiaries who encounter problems in using their ticket.

What is Ticket to Work?

The Social Security Administration’s (SSA) Ticket to Work program was created by the Ticket to Work and Work Incentives Improvement Act of 1999. The law provides economic incentives and employment services to encourage SSI (Supplemental Security Income) and SSDI (Social Security Disability Insurance) beneficiaries, aged 18-64, to return to work.

The goal of the program is to assist beneficiaries to obtain employment with sufficient wages to eliminate cash payments from SSI and/or SSDI.

In November 2003, SSA began mailing a "ticket package" to eligible beneficiaries. It includes an explanatory letter, a booklet describing the program, and a "ticket" that can be used to obtain services needed to go to work. The ticket itself has no monetary value.

The Ticket to Work program is voluntary. Benefits of the ticket are:

  • Greater choice
  • Expanded health care
  • Increased network of service providers

After a person receives a ticket, he or she can:

  • Use the information provided in the ticket package to get involved in the process
  • Save the ticket for future use
  • Discard the ticket

Using the ticket involves choosing from available service providers, called Employment Networks, cooperatively developing an Individual Work Plan (IWP) that will lead to the elimination of cash benefits and meeting the goals and timelines of the IWP.

The National Program Manager for the Social Security Administration is: MAXIMUS. Call toll free: (866) 968-7842 v or (866) 833-2967 tty, or visit: www.maximus.com.

For more information visit: www.ssa.gov/work, or www.yourtickettowork.com./program_info

Or call the Social Security Administration, (800)-772-1213 v; (800) 325-0778 tty.

For a free copy of "Checklist for Using your Ticket to Work," contact: Cerebral Palsy of Ohio, 4550 Indianola Ave., Columbus, OH 43214, (800) 796-8498 v/tty, (614) 267-4550 fax, e-mail: cpo@iwaynet.net

Project SEARCH shines light on employment opportunities

When Erin Riehle looked around at who was working Children’s Hospital Medical Center in Cincinnati, she also noticed who wasn’t working there, and set out to do something about it.

In her observations, Riehle noticed people with disabilities were not employed by the facility, which serves children with all types of disabilities. Out of her concern, came Project SEARCH, a seven-year-old innovative endeavor that has put 70 people with disabilities to work at the hospital.

The project is a multi-tiered program that also includes a high school transition program, adult employment, vocational education for those completing their degrees or newly diagnosed with disabilities, and an incumbent worker program.

"My overall goal is to increase the employment of people with cognitive disabilities nationwide," she said. "I want people with cognitive disabilities to work in jobs that are nontraditional."

In conceiving the program, Riehle observed that several categories of jobs within the hospital lacked long-time employees, which affected service consistency. Those included mailing jobs, materials positions, sterilizing jobs and more.

Through Project SEARCH, people with disabilities try out jobs they think they might like, and many become the long-term, dependable work force Riehle envisioned was needed.

"Hospitals should be the leading employer of people with disabilities, and their leading advocate," she said. "It’s one thing to provide medical care. The next step, then, is also to employ some of the people to whom you’ve provided that medical care."

When the project was proposed, it linked with Great Oaks Institute of Technology and Career Development, in Cincinnati and the Hamilton County Board of MRDD.

"We just decided to form a partnership between a business, a school, and an agency," Riehle said. People with disabilities have developed an expertise about the work and have garnered respect from those they now train.

For instance, Heidi Hamms, 26, works with environmental services. She cleans incubators with germicide. She has epilepsy, and scoliosis, she said. Hamms has become an expert at cleaning the incubators, and now trains employees from other hospitals in the Cincinnati, Eastern Indiana, and Northern Kentucky region.

"It was really interesting getting involved in Project SEARCH," Hamms said. "The good thing about having a job is making money."

Hamms enjoys going shopping for clothes, jewelry and even paying bills, because Project SEARCH gave her that work opportunity.

Demetrius Brown, 35, works in Data Entry and Materials Management at the hospital. He maintains stock. "I think I’m the best at this job because I get it done before 1 o’clock each day." Brown said he likes his supervisor and co-workers, and he thinks back to his days as a resident of a nursing home. "All my friends [at the nursing home]...I know they can do more," he said.

Important to the operation of Project SEARCH was the link with the MRDD board, which then stationed staff members directly in the hospital for onsite availability of any assistance that might be needed.

"We’re a business model of a single point of entry," Riehle said. By having staff at the hospital, it did away with the confusion of having one job developer, job coach and tag-along for each employee, she said.

"Instead of trying to understand every agency and all their developers, we chose a ‘preferred vendor,’ she said, a typical practice in the business world." No one falls through the cracks.

Hospitals in Seattle WA, Portland OR, and East Liverpool and Toledo OH all have expressed interest in Project SEARCH. Provident Bank in Cincinnati has also begun a Project SEARCH program within its organization.

Jennifer Linnabary, the on-site contact for those working through Project SEARCH, said, "We took the chance with some jobs, and we’ve been pleasantly surprised."

The hospital employs between 6,000 and 7,000, putting people with disabilities at approximately one percent of the workforce there. "We’d like to be at three percent," Linnabary said.

For more information, contact: Cincinnati Children’s Hospital, (800) 344-2462 or (513) 636-4200; www.cincinnatichildrens.org; or e-mail: erin.riehle@cchmc.org

America Works Best when All Americans Work

The Ohio DD Council held its 2003 annual conference titled "America Works Best when All Americans Work," October 3 at the Hyatt Regency Hotel, Columbus. Featured speakers in the morning session gave both federal and Ohio perspectives on the employment of people with disabilities.

Setting the stage

Dr. William Darling, chair of the DD Council Employment Committee opened the conference by welcoming the crowd of almost 200 participants. He described Council’s Employment Committee’s mission as helping people with developmental disabilities find productive employment in careers of their choosing, with the supports they need for increasing their chances of success.

In response to the need for more initiatives, DD Council has funded several grants, including a Self-Determination and Employment Outcomes, Benefit Innovators, Medicaid Buy-In and Arts. And in collaboration with the Governor’s Council on Disabilities, projects include the Business Leadership Network, Youth Leadership Forum, and Start On Success.

Work defines who we are

Robert Brostrom, special assistant with the U. S. Department of Labor’s Office of Disability Employment Policy (ODEP), provided the day’s keynote presentation. He began with a quote from Assistant Secretary Roy Grizzard, "Work is important not just because it provides a paycheck, but because it defines who we are and what we do with our lives. No one should be denied that sense of identity, especially Americans with disabilities."

Brostrom added, "People with disabilities have got to be brought into the mainstream in this country, and that’s what our office is about."

Describing the function of ODEP as one of policy-making rather than regulation or investi- gation, Brostrom said his office works to build partnerships between the private sector, state and local agencies and nonprofit organizations. Two new initiatives are:

  1. Including the disabilities unemployment rate in next year’s national unemployment rate figures.
  2. President Bush’s New Freedom initiative, which includes a focus on accessibility in areas of employment, housing, transportation, and assistive technology.

Other programs coming out of ODEP include:

  • A Telecommuting-TeleWork program that offers work as home-based bank tellers
  • The Earn Program, which matches people with disabilities with employers through a nationwide database
  • An intern program for high school students in high-tech math and science training.

Barriers and misconceptions

Two panelists from the private sector provided their perspectives regarding barriers to and misconceptions of hiring people with disabilities.

Steve Jacobs of IDEAL Group, Inc., in Hilliard shared that when he hires people with disabilities, it is not because "It’s the right thing to do." It’s because "They have the core competencies to do the work!"

Jacobs’ company finds it useful to invest in conferences and courses for their employees and managers, resulting in more sensitivity and willingness to work with those who have disabilities. Explaining why other companies are unwilling to hire people with disabilities, he suggested that the combination of our "litigious society" and protection laws like the ADA tend to create "dislike for things having to do with disabilities" in some employers’ minds. "They don’t like being told what to do," explained Jacobs.

Sharing some good news, Jacobs said that so much is happening across the world in bringing new communication technology to bridge language differences, that those communication tools also help people with disabilities compete in the job market.

Ron Mandernach, with Discover Financial in New Albany, presented his views about barriers to employing people with disabilities. Since he has a son who is blind, his focus has been on that disability. He finds that a major employment barrier is how quickly technology changes, making it hard to keep up with adaptive and assistive technology in the workplace.

Encouraging continuous advocacy in the area of employment, Mandernach believes even leaders in the movement to hire people with disabilities need to be "pushed," as there is always a tension against doing all that is necessary to recruit and support such employees. In addition, assistive equipment is expensive, and many employers hesitate to invest those dollars.

Tips to overcome barriers

John Sargent, supervisory trial attorney with the Equal Employment Opportunity Commission (EEOC), Cleveland District, presented ten tips to overcome barriers to employment:

  1. Know the Americans with Disabilities Act (ADA).
  2. Expect to confront and overcome myths, fears, and stereotypes.
  3. Share ADA information with prospective employers.
  4. Create "win-win" situations between you and an employer.
  5. Share the fact that most accommodations are only $100 - $500.
  6. Make accommodation requests - be direct at the time of applying.
  7. Make suggestions as to what can be done to support you.
  8. Suggest a process to make it happen.
  9. Be prepared to address threats.
  10. EEOC is a place you can file a charge of employment discrimination.

Sargent explained that his office does not provide advocacy services, but it will investigate and can litigate in situations where discrimination exists.

Assistance is available

Mary Butler, an advocacy liaison with LEAP Center for Independent Living, explained the work of LEAP and ways the center gets involved when folks are not quite ready to hold down a job. Support groups, one-on-one budget counseling, and community-based work experience are examples of the kinds of assistance the center provides.

Butler shared success stories of people who needed job adaptations and specialized training to stay on the job, and how employers were willing to work with such people.

Winnifred Weeks, from Ohio Legal Rights Service, closed the morning panel presentations by giving some of the history of the Ticket To Work.

Congress created the Ticket to move people from Social Security disability benefits to regular employment, to provide mechanisms and impetus to reform existing vocational rehabilitation services, and to increase options available to people with disabilities for work.

She explained how people with disabilities should respond to the voluntary program by checking out available employment networks under contract in Ohio. Weeks emphasized that the Ticket is a program of choice, so Ticket holders can shop around.

The afternoon session of DD Council’s October 3 annual conference featured panelists who addressed ongoing employment projects.

Work vs. benefits is balancing act

Ron Swain, Center of Vocational Alternatives (COVA), Columbus, spoke about Benefits Planning Assistance and Outreach (BPAO), which is an element of the Ticket to Work and Work Incentives Act.

"[At COVA] we provide benefits consulting," Swain said. "We help individuals understand the relationship between work, various levels of earned income, and their benefits. In some cases, individuals may earn a significant amount of money and still maintain those benefits that they need to keep. In other cases, individuals are able to transition off benefits, and still have a safety net. And, there’s everything in between," he added.

BPAO counselors map out a person’s work/benefits situation, according to the rules and regulations governing benefits programs. "We point out the options, and let the individual take it from there," he said.

WISE offers training

Beverly Johnson, director of the Cerebral Palsy Association of Ohio, spoke about the DD Council’s Work Incentives for Successful Employment (WISE) project. "It’s been an exciting project for us," she said. "A major problem when people go to work, is that their earnings start to affect their eligibility for programs - not just their benefits through SSI - but also their health benefits through Medicaid."

She said, "Often, keeping health coverage is essential to having a life of any kind - to live and work in the community and to have your family and friends around you and participate fully in community life," she said.

WISE trains people with disabilities, their families, and professionals about benefits and to make informed choices. It includes a four-day, intensive training element featuring a national trainer.

"We also talk about how to manage your benefits," Johnson said, adding that the classes also teach effective advocacy.

One-Stops serve employment needs

Mark Birnbrich, assistant deputy director for Workforce Development, at the Ohio Dept. of Job and Family Services (ODJFS), said One-Stop Career Centers have made strides in serving people with disabilities. ODJFS has created 32 full-service employment centers (known as One-Stops) in Ohio.

"I feel very proud to say we are doing awareness about people with disabilities," Birnbrich said, "But we want to do more." He said accessibility of the centers is being assessed, and a certification process is in place to approve the centers for funding based on that accessibility. Some have been approved for funding prior to full accessibility with the stipulation that first expenditures will be used to create the full accessibility expected at the locations.

Self-determination project helps people gain control

Bob Morgan, coordinator of DD Council’s Self-Determination and Employment Outcome project, spoke about project goals. "If people gain control of resources and decision-making, their lives will improve, they will be more involved in the community, they will have more resources and at less cost to the taxpayer," he said.

"This is an outcome-based grant," Morgan said. The project is made of two options for people:

  1. Employment agent commissions, in which a person (agent) who helps a person with a disability obtain a job then receives a commission based on a percentage of the person’s income level.
  2. Micro-enterprise start-up funds, which are available to help a person with a disability create a business based on the individual’s interests.

Medicaid Buy-In proposal explained

Doug DeVoe, director of Ohio Advocates for Mental Health, updated and informed attendees on the Medicaid Buy-In proposal to enable people with disabilities to work and pay into and retain Medicaid coverage. He said advocates need to continue to speak with state legislators to support the proposal so it can be included in the next state budget. With Medicaid Buy-In, workers with disabilities would be able to save up to $10,000 in the bank, up from the current level of $1,500.

For federal resources on employment, transportation, and housing visit www.DisabilityInfo.gov.

DD Council project to hold two-day conference... Employment Outcome Summit

February 17, 2004, 9am-4:30pm and February 18, 2004, 8:30am-4pm

Ramada Plaza Hotel
4900 Sinclair Rd.
Columbus, OH 43229

Cost: $80 per person, including meals. Individuals and their families who are interested in starting a business may attend for $40 per person.

The summit will include presentations by individuals and their enterprise teams that have started businesses with the help of the Micro Enterprise Grant. Individuals who have secured community employment through employment outcome agents who work on commission will describe their experiences. Nationally-known consultants on helping people start businesses, Doreen Rosimos and Darcy Smith of Income Links will also present.

For more information, contact: Bob Morgan, e-mail: morgan@mrdd.net or call: (740) 272-1658.

Ken Campbell receives Helsel Advocacy Award

Ken Campbell received the 2003 Elsie D. Helsel Advocacy Award from the Ohio Develop-mental Disabilities Council (ODDC) at the Council’s Annual Conference October 3 in Columbus.

Campbell received the award for his nearly 30 years of professional and volunteer efforts in advocacy, community employment and working to maintain and build the rights of people with all types of disabilities.

"Everything that’s gotten done as a result of my efforts has been in conjunction with numerous other people’s efforts," Campbell said. "But it’s been because Elsie Helsel taught me how to advocate."

The Elsie D. Helsel Award, which includes a $500 check and plaque, is named for the pioneer advocate from Athens, Ohio, who introduced legislation that led to creation of the national DD council system. Helsel also led and served on the Ohio DD Council for many years.

Each year, ODDC makes the Helsel Advocacy Award to an Ohioan who is an outstanding advocate. Readers should be thinking about people they would like to nominate in 2004. For nominating procedures, see the next issue of DD Quarterly.

Legislation provides opportunity to raise expectations for every child

-Cathy Heizman, Director, Child Advocacy Center, Cincinnati

With the passage of No Child Left Behind, the sweeping federal education bill, every child in our schools is now participating in statewide assessments (Ohio’s proficiency tests).

What does all this mean? Is it a good thing, a step toward greater accountability for learners who need special education services? Or is it really just a lot of rhetoric, a way to, one more time, weed out the kids who can’t from the kids who can? Time will tell.

What this new mandate does right now, is give us an opportunity to provide greater access to the general curriculum for children who receive special education services. It means that IEP goals should be connected to the content standards that guide instruction for every other child.

There are no more "special ed" curricula - no LD math or MH science. Every child, in every classroom, will be learning from the same content standards regardless of his need for specialized services. There will be very little justification for segregating learners because even special classes, and special schools, have to teach the same content. It means that our kids will have a chance to learn to read, and do math and study the solar system in whatever way they learn best with kids their own age, in their neighborhood schools.

All the time (my adult daughter) Cara received special education services, no one was held accountable for her learning. She was in general education classes, but the teachers weren’t expected to teach her anything. The special education staff, who were supposed to provide support services, often just chose not to do what was on her IEP. As long as Cara didn’t cause trouble and she made it to class on time, they were happy.

My daughter has a good life. She has a job, a steady volunteer opportunity, friends and family who care about her. But, I can’t help but wonder what other chances she might have had if someone had actually tried to teach her academics while she was in school.

Now, we are all accountable for every child’s educational progress. The percentage of students on IEPs who pass proficiency tests, will be listed separately on district and building report cards. The entire community will understand if the schools have actually taught our kids what they need to know, what all the other kids know. We’ll finally have something to hold on to. We will be able to hold someone responsible.

This is a time for all of us to work closely together to make certain that we grab this opportunity to raise the expectations for every child. This could be the last best chance we get. If nothing changes, if our children don’t learn, if the schools don’t perform, then it will all have been for nothing. It is our obligation to make this moment in time mean something.

Reprinted with permission from Parent to Parent, Fall 2003. For more information, contact: Child Advocacy Center, 3000 Vernon Place, Cincinnati, OH 45219, (888) 540-3924 x 2118; e-mail: cheizman@memorialinc.com

"We believe education is a national priority and a local responsibility..."

President George W. Bush

No Child Left Behind

The No Child Left Behind Act of 2001 is a landmark in education reform designed to improve student achievement and change the culture of America’s schools. President George W. Bush describes this law as the "cornerstone of my administration." Clearly, our children are our future, and, as President Bush has expressed, "Too many of our neediest children are being left behind."

With passage of No Child Left Behind, Congress reauthorized the Elementary and Secondary Education Act (ESEA) the principal federal law affecting education from kindergarten through high school. In amending ESEA, the new law represents a sweeping overhaul of federal efforts to support elementary and secondary education in the United States. It is built on four common-sense pillars: accountability for results; an emphasis on doing what works based on scientific research; expanded parental options; and expanded local control and flexibility.

DD Council supports current IDEA legislation

Since 1975, the Individuals with Disabilities Education Act (IDEA) has enabled millions of children with disabilities, between the ages of 6 and 21 years, to set high goals and reach their potential. Thanks to this landmark civil rights law, more than 6 million students with disabilities receive a free, appropriate public education (FAPE). More than 800,000 infants, toddlers and preschoolers with disabilities get the special services they need to get a good start in life.

In April 2003, the House of Representatives passed the Improving Educational Results for Students with Disabilities Act, (H.R.1350), that will allow students with disabilities to be excluded from school simply because they have a disability, making this bill fatally flawed.

In June 2003, the Senate introduced the Individuals with Disabilities Improvement Act of 2003 (S.1248) that contains several provisions of concern. They include:

  • Eliminating required benchmarks or short-term objectives from a student’s IEP - components described by the House-Senate Committee Report in 1997 as "crucial" for improved and effective teaching and instruction. Short term objectives are critical for accountability, instruction and for keeping parents informed.
  • Limiting due process protections for students with disabilities. The provision is unnecessary because current law already gives districts opportunities to resolve the problem.
  • Establishing a statute of limitations that limit the amount of time parents have for filing a due process hearing request and also for appealing a due process decision to court. This provision will leave those children who have experienced the most egregious and long-standing denials of FAPE without a remedy. The short statute creates incentives for parents to rush to litigation rather than trying to work with their school districts to solve problems.
  • Making it easier for school personnel to remove students with disabilities from school instead of requiring behavior to be treated as an education issue.
  • Eliminating the right of students with disabilities alleged to have violated school codes (e.g., cutting class, being tardy) to "stay put" in their current school placements during the period of an appeal by parents who challenge the basis for removing their child for more than ten school days; or a school’s determination that the student’s action was unrelated to his/her disability; or that the school was not providing the student needed supports and services.
  • Removing parents’ decision-making role in programming and placement determinations affecting teaching and learning.
  • Allowing schools to limit evaluations of students to once a year if school personnel are not in agreement with a parent’s request for an evaluation.
  • Allowing three-year IEPs instead of requiring annual IEPs for students in their last years of entitlement.
  • Enabling local education agencies to funnel IDEA funds to non-IDEA activities when states have never effectively met their obligations to students with disabilities.

For more information, contact: Kay Treanor, ODDC, 8 E . Long St., Suite 1200, Columbus, OH 43215, toll free (800) 766-7426, kay.treanor@dmr.state.oh.us

DD Council believes that IDEA, as currently written, does not need major revisions and the changes proposed would eliminate the existing rights and protections for children with disabilities currently provided under IDEA.

www.scripps.muohio.edu

Scripps website is good resource on aging

No question about it. Suzanne Kunkel, Ph.D., believes the Scripps Gerontology Center offers top-flight information about characteristics of the aging population and about long-term care. Kunkel, director of the center, is also an associate professor at Miami University of Ohio. The site covers other subjects too, but Kunkel says it especially excels in demographics and long-term care.

Scripps Gerontology Center is a research institution dedicated to generating and disseminating multidisciplinary aging related knowledge.

The website is easy and quick to navigate. It’s geared to students, researchers, consumers, policy makers, and the general public who are interested in long-term care, aging/disability and other aging-related health issues.

Choice and self-determination new to aging

Kunkel is excited about preliminary findings of research related to Ohio’s PASSPORT program in which the recipient of informal care stays at home longer by becoming the employer of people who will assist them.

"This is not an answer for everyone," stresses Kunkle. "It puts the person in charge who will be receiving services. Our research, however, shows some very positive outcomes."

Kunkel says the developmental disabilities field has much more experience with self-determination than does the field of aging. Findings from the PASSPORT-choice research should be out late this winter.

Questions are popular

A popular stop on the Scripps website is "Frequently Asked Questions." This is where you can learn everything from how much long-term care insurance costs in Ohio to what are the most prevalent nursing facility deficiencies.

Did you know that 153,000 Ohioans age 65 and older are severely disabled and in need of long-term care services? Nearly 50% of them live in institutional settings. You’ll find that information and much more under the question, "Where do older Ohioans who are severely disabled receive care?"

Publications abound

The website shows a list of publications by topic, with several publications in each category. Although ordering information includes mention of cost, Kunkel says the publications are free for nonprofit use. Just e-mail your request to the center.

One of the recent publications is about costs of the triple jeopardy issue; that is, people already up in years are living longer, and many provide care to baby boomer children with mental retardation and developmental disabilities. As these parents get to the point where they can no longer provide care, a shift occurs toward more public support. The research behind this publication was funded by DD Council.

Center has roots in endowment

The Scripps center has been around since 1972 and has its roots in an endowment made 50 years earlier by noted newspaper publisher E.W. Scripps. The center administers Miami University’s graduate and undergraduate programs in gerontology.

Website: www.scripps.muohio.edu Contact Suzanne Kunkel, Ph.D., Scripps Gerontology Center, 396 Upham Hall, Miami University, Oxford, OH 45056, e-mail: kunkels@muohio.edu, voice (513) 529-2914.

Publication categories on the website include:

  • Business economics of aging
  • Case management
  • Demographics
  • Education
  • End of life ethics
  • Health/physical activity
  • Long-term care:
    - Decision making
    - Economics
    - Facility-based
    - Families/caregiving
    - General
    - Home/community-based
    - Quality assurance
    - Staffing
  • Mental health
  • Psychology of aging
  • Religion/spirituality
  • Research methods
  • Special populations
  • Technical reports

Double Jeopardy curriculum available free on website

A curriculum for supporting family members-particularly older parents - in planning for a secure future for their offspring or other loved ones who have mental retardation or other developmental disabilities is now available. The curriculum includes four sections, each designed for a two-hour training plus a section on how to use the curriculum. The content is appropriate for family members, agency staff, and other professionals.

Sections are:

  1. Introduction, "Aging and Disability"
  2. "Two Systems, Two Resources: Together Serving Families"
  3. "Life Planning Basics"
  4. "Estate and Future Planning for Ohioans with Disabilities and Their Families"

Double Jeopardy is downloadable free from the ODA website:

http://www.goldenbuckeye.com/djcurriculum.html

A curriculum manual, which includes materials that make the curriculum more useful, is available for purchase.

The program was funded by two grants that the U.S. Administration on Developmental Disabilities awarded to the Ohio Department of Aging (ODA) in 1999 and 2001. ODA collaborated with the Ohio Department of MRDD and the Ohio Developmental Disabilities Council to develop the program.

For more information, contact: Carol Shkolnik, Ohio Department of Aging, 50 W. Broad St., Columbus, OH 43215-3363, (614) 752-9170, cshkolnik@afe.state.oh.us

ODMRDD opens toll-free phone line

Callers outside the 614 area code (central Ohio) can now dial a toll-free number to reach the Ohio Department of Mental Retardation and Developmental Disabilities.

People from anywhere in Ohio can dial this number to reach staff in the Central Office. A receptionist answers the phone from 8am-5pm Monday through Friday. A voice mail system takes messages when the line is unattended.

1 (877) 464-6733

The Consumer Information Advisory Council that was created to organize and effectively distribute information about the services offered by ODMRDD and the County Boards of MRDD recommended this toll-free line.

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

Martin v. Taft: December 2003 update

This case, which has been around since 1989, when the Ohio Legal Rights Service (OLRS) filed it, is a federal class action that challenges undue segregation in institutions of people with developmental disabilities and large waiting lists for people who need community residential services.

The case has been on a roller coaster ride. A few months ago it was set again for trial because the Ohio General Assembly did not adopt proposals to exchange the ICF/MR program in Ohio for a waiver-based system. But now, the case may be settled through negotiation!

After the court issued a comprehensive ruling in September 2002 (upholding plaintiffs’ claims but denying them partial summary judgment under Title II of the ADA), the parties once again began to prepare for trial. In April 2003, however, defendants made a proposal to stay the case to allow them to submit several proposals to the Ohio General Assembly as part of the state fiscal year 2004-2005 budget. These submissions would have exchanged the ICF/MR program in Ohio for a waiver-based system, along with other changes favorable to the class.

Based on this request, the court stayed the case. The General Assembly, however, did not adopt the defendants’ proposals, and in September the court ordered the case back on trial track. Additionally, the case was transferred to a new judge, Edmund A. Sargus, Jr., who immediately set the case for trial in January 2004.

OLRS staff began preparing industriously for trial. Documents were reviewed, depositions of defendants and their agents and experts were taken, and consultations with plaintiffs’ experts were underway in anticipation of their being deposed and testifying at trial.

In the midst of trial preparation, however, the new trial judge ordered the parties to a mediation session in November. That session generated enough areas of common ground that the judge ordered the parties to a second session in December. At that session, the parties, with the help of the judge/mediator, identified a structure and agreed upon principles that could lead to a final settlement of the case.

The court vacated the trial date and the parties will continue negotiations to work out the specifics of a settlement within the framework identified in mediation.

If the negotiations produce the specifics of a settlement, a settlement document will be drafted. There must be notice to the class, which is reviewed by the court, and a hearing at which the court can hear objectors. The court will then rule on fairness of the settlement.

OLRS has always believed that a fair settlement would be advisable in this case, given its complexity and the risks and delays inherent in trial and lengthy appeals. The framework for settlement identified in the mediation could substantially implement the community integration mandate of Title II of the Americans with Disabilities Act for members of the class who would choose to move from institutions to an integrated setting. OLRS remains hopeful that a detailed settlement will be achieved.

OLRS and PAIMI Council to host Rights & Recovery Campaign

March 24, 2004
9am-4pm
Hyatt Regency Hotel
Columbus, OH

This one-day kickoff will promote recovery and increase access to client rights and advocacy services for people receiving or seeking mental health services in Ohio.

Registration is limited. Funds are available to support people to attend.

For more information, contact: Joy Pratt, (800) 282-9181 or e-mail: jpratt@olrs.state.oh.us

The Ohio Department of Mental Health funds the Rights and Recovery Campaign.

OLRS & OOTF hold public forum

On November 24, 2003, Ohio Legal Rights Service (OLRS) sponsored and the Ohio Olmstead Task Force hosted a public forum to discuss what changes are needed in the service system to make the U.S. Supreme Court’s landmark decision in Olmstead vs. L.C. a reality in Ohio. Seventy-three people gathered at the State Library of Ohio in Columbus for the event, called "Let Olmstead Ring!" The afternoon brought into keen focus the continuing importance of the Olmstead vision.

People attending included individuals with disabilities and elders, their family members, friends, and advocates. Many representatives of government agencies that serve people with disabilities and their families also attended. People contributed by presenting testimony, by listening, by applauding, or by just being there in support and solidarity. Greg Moody, Governor Taft’s Executive Assistant for Health and Human Services, spoke on behalf of the Taft Administration.

Following the event, OLRS drafted a report capturing the essence of the testimony presented.

OLRS delivered this booklet to Governor Taft’s office on December 5, 2003, and requested that the administration incorporate the messages of its document in the Ohio Access For People with Disabilities (Report on Olmstead), which the administration plans to publish in January 2004.

The principle of self-determination and choice resonated throughout the testimonials of the afternoon. One person said, "The most important thing is that everyone has choices... on where they live, and that community is a part of it."

Support of a person’s connection to family and community was also a theme heard throughout people’s comments and stories. Regarding connection to family, one speaker said, "[My] family played a very, very significant role the majority of my life in providing the supports that I needed to live in the community and live with my family."

And regarding community, "What does a person need who is re-integrated into the community in their own apartment? Social interaction..... Interaction is integration." Other speakers emphasized the value of the natural supports and services from which people can benefit when they live in the community.

Companioned with the desire to have choices, speakers expressed a desire to work, and further identified what would make work a reality for them-particularly affordable, accessible health care and transportation.

This is what people were saying: "Implement Medicaid Buy-In so that people do not have to choose between health care and a decent living wage." "In order for anyone with a disability to maintain ... [himself or herself] independently in the community - [there must be] transportation ... that allows people to get around the community and conduct business and go to work."

To avoid long-term care in segregated settings altogether, speakers promoted taking meaningful steps to assure access to and control of affordable health care and personal assistance services, and to assure access to affordable, accessible housing.

Comments included: "Nursing homes suddenly become needed options to help people stay in their community because nothing else is available."

For those already receiving long-term care in segregated settings, people spoke of the need for services to transition into the community and into housing, employment and the community-based service delivery system.

Finally, people spoke of the need to have information and assistance to access services for themselves and their families, as well as the desire to be able to access the vast array of public services and facilities that are designed for all citizens (e.g., "access to Ohio’s parks, libraries, loan programs, arts, travel, and polling places.")

Let Olmstead Ring! provided living testimony to the diversity of Olmstead supporters, and the unified voice with which they speak of their commitment to Olmstead. OLRS’s report represents this to Governor Taft. OLRS looks forward to working with the Ohio Olmstead Task Force and the Administration in Ohio’s pursuit to address issues discussed at the forum and in achieving access for people with disabilities.

The OLRS report and a transcript of the testimony presented at the Let Olmstead Ring! public forum is available on OLRS’s website at http://olrs.ohio.gov

The report outlines ten significant issues that were raised consistently by speakers:

  • Self-determination and choice
  • Family and community
  • Information and assistance to access services
  • Desire to work
  • Health care
  • Personal assistance services
  • Transition-to-community services
  • Housing
  • Transportation
  • Access to government and public places.

Introducing PABBS: Protection & Advocacy for Beneficiaries of Social Security

Many people with disabilities want to work, but they face various barriers: disability discrimination, inaccessible work places, insufficient adaptive technologies, inflexible job duties, unavailable services to prepare for work, and if hired, loss of essential benefits and medical insurance that can not be replaced by working incomes. The PABSS program of the Ohio Legal Rights Service (OLRS) can assist people with disabilities to overcome these barriers and to return to work. OLRS’ PABSS program serves people with disabilities who receive receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) and who want to earn income by working. The purpose of OLRS’ PABSS program is to assist SSI and SSDI beneficiaries to secure, maintain or regain gainful employment. OLRS’ PABSS program is funded by the Social Security Administration (SSA) as one part of SSA’s Ticket to Work program. (See "What is Ticket to Work?")

The Ticket to Work is not required for SSA-funded Benefits Planning, Assistance and Outreach and OLRS’ PABSS program services.

PABSS program services

Through the PABSS program, OLRS:

  • Reviews and investigates any complaint about employment service providers, employers or other entities related to an SSI or SSDI beneficiary’s return to work;
  • Provides beneficiaries with information, referrals and technical assistance with Social Security work incentives and employment-related service providers;
  • Advocates to identify and correct deficiencies in the services of vocational rehabilitation service providers, employment service providers and other employment support service providers that serve SSI and SSDI beneficiaries with disabilities.

Eligibility for services

OLRS’ PABSS services are available at no cost to people with disabilities who receive SSI or SSDI and who are preparing to return to work or are already working.

For more information about PABBS and Ticket to Work, contact OLRS for the free booklet, The Ticket to Work: Going to Work with Social Security Benefits. This booklet is also on the OLRS website: http://olrs.ohio.gov (click OLRS Publications).

OLRS’ website also offers information about the Ticket to Work and other employment-related topics: http://olrs.ohio.gov/asp/olrs_tickettowork.asp and http://olrs.ohio.gov/ASP/olrs_Employment.asp

See also: http://www.socialsecurity.gov/work/Ticket/ticket_info.html and http://www.yourtickettowork.com/

OLRS unveils new website

The Ohio Legal Rights Service has unveiled its redesigned website. The site has a new look and offers information about OLRS programs, services, activities, and publications. The redesign accomplishes some of the findings of a performance audit to increase access to OLRS services, and to provide self-advocacy information and additional resources for individuals with disabilities and their families.

Web visitors who use the old address will be redirected automatically to the new address.

On the new site, you will be able to:

  • Read OLRS publications. You may also request hard-copy or alternative formats of OLRS publications.
  • Request help. Request advocacy services from OLRS by using the on-line "Request for Help" form.
  • Search disability topic areas. Find resources and other information pertaining to disability-related issues in specific topic areas, such as employment, housing, assistive technology, advance directives, rights, and special education.
  • Learn about OLRS programs and services, goals, priorities, and the Commission of OLRS.
  • Find out the latest news and announcements. Keep up-to-date with the latest information about agency activities and other initiatives, such as updates about the Ticket to Work program and recent activities of the Mental Health Rights and Recovery Campaign.

New site is accessible

During the redesign process, OLRS took steps to ensure that the site is accessible to people with disabilities who use assistive technology to access the Internet. OLRS follows the Priority 1 checkpoints of the Web Content Accessibility Guidelines 1.0 and is compliant with "Web" Section 508 of the Rehabilitation Act.

As OLRS continues to develop and expand its website, accessibility will remain an essential element. You can read the agency’s accessibility statement on the site.

Always a work-in-progress

In its experience with managing the Family Support Collaborative (FSC) website at http://olrs.ohio.gov/fsc/, OLRS has found that a website is similar to maintaining a home - there is always something to fix, change, add, or update.

A search engine will be added early this year, as well as a "you are here" feature to help visitors navigate the site’s pages. Screen size will also be expanded to widen the viewing area on the viewer’s computer monitor. In addition, OLRS will have the ability to offer instant polls. OLRS staff will continue to build the site’s content and to increase accessibility of information and referral offered by OLRS to the public.

OLRS will continue to develop the site in response to needs of the people who use it, and to provide efficient and constituent-based services as recommended by Ohio’s State Auditor.

Why not visit the site and offer your comments and suggestions using the "Website Feedback Form."

Triple jeopardy: African American women with disabilities

The Ohio Developmental Disabilities Council, The Ohio Department of Health, The Columbus Urban League, and The Ohio Legal Rights Service joined together on an initiative focused on African American women with disabilities and the challenges they face.

The "Triple Jeopardy" project was designed to give voice to African American women with developmental disabilities, between the ages of 18 and 60, who are unserved or underserved. Through a series of focus groups, the project sought to:

  • Stimulate public awareness of the issues surrounding women in "triple jeopardy;"
  • Identify gaps and barriers that exist for these women; and
  • Provide the Ohio Developmental Disabilities Council with recommendations on how best to meet the formal and informal community support needs of the women.

Initially, the focus groups were limited just to African American women with developmental disabilities. However, relying on the language and intent of the Developmental Disabilities Act, the group expanded the focus groups to allow for a broader scope of participation by women with many different disabilities. This added additional perspective to conversations.

A report titled, The Initiative on Triple Jeopardy: African American Women with Disabilities, was written to give a backdrop for understanding what developmental disability is, and then to chronicle the stories of the women participating in the focus groups.

The report also presented proposed recommendations developed by the larger collaborative group. Among the recommendations were the following:

  • Develop and market community support groups for African American women with disabilities.
  • Enhance understanding of disability and cultural issues by conducting education, training and outreach to service providers. It should emphasize the need to listen to what African American women with disabilities say, and to respond to them in a holistic manner;
  • Research consumer satisfaction regarding health care service delivery for African American women with disabilities.
  • Promote self-determination by African American women with disabilities by acknowledging the value of self-determination, by increasing opportunities for inclusion in all life activities, and by supporting personal responsibility and self-advocacy.
  • Expand or create employment opportunities that include choices reflecting the preferences and/or creative skills of African American women with disabilities.

Several presentations have been made on the report, and the collaborative group of agencies has taken steps to increase awareness of the report locally and statewide. The executive director of the Columbus Urban League, Samuel L. Gresham, resolved to submit the report to the chairman of the National Urban League in an upcoming conference.

Project organizers met and decided to move aggressively toward implementing some of the recommendations outlined in the report and then reconvene in the first quarter of 2004 to assess progress.

Ohio Legal Rights Service looks forward to continuing to work on the Triple Jeopardy initiative, to the benefit of all African American women with disabilities, and other people who might face similar challenges.

For a free copy of the report, Triple Jeopardy: African American Women with Disabilities, contact: Weslee Pullen, Columbus Urban League, (614) 257-6300; Ken Latham, Ohio Developmental Disabilities Council, (614) 644-5546; and Katrina Scott, Ohio Legal Rights Service, (614) 466-7264. Or, look for the report on the OLRS website: http://olrs.ohio.gov/ASP/pub_TripleJPart1.asp

APSI: Serving critical needs, one person at a time

Advocacy and Protective Services, Inc. (APSI) just celebrated its 20th year providing protective services for people with mental retardation and other developmental disabilities.

Referrals to the organization doubled in the last few years, and APSI currently serves nearly 4,000 clients. Because of the enormous need for assistance, APSI representatives emphasize the quality they can achieve if they focus on serving one person at a time.

What APSI does

APSI works to:

  • Help people exercise their individual rights.
  • Access and coordinate services that promote dignity, respect, and enhanced quality of life.
  • Provide advocacy support for individuals who need it.
  • Protect individuals from abuse, neglect, and exploitation.

APSI helps bring about awareness of people’s needs and desires, especially to service providers. Additionally, APSI helps people make decisions, such as where to live, and assists with informed consent for surgery or other medical treatment.

APSI provides services in the least restrictive manner possible. So if APSI needs to pursue guardianship, for example, it pursues the minimum needed for the person’s situation.

APSI also gives technical assistance to families and others on guardianship issues. Ohio law requires that people with developmental disabilities have access to protective services if their disability brings about a situation in which they need them (for example, if they can’t understand the consequences of their decisions, provide informed consent, represent themselves, or manage their affairs).

The Ohio Department of Mental Retardation and Developmental Disabilities provides funds to APSI, an independent organization, to provide these protective services.

Sample situations in which APSI provides help

Below are some sample types of situations brought to APSI.

Preparing for guardianship if parent dies

A county board of mental retardation and developmental disabilities refers "John" to APSI. John has moderate mental retardation, goes to a workshop daily, and lives with his widow mom. His mom has a terminal illness and worries about what will happen to John when she’s gone. She wants him to have help in making decisions because he can’t make decisions on his own.

There are no family members who can become John’s guardian. APSI meets with John and his mother, receives information from the service and support administrator and applies for guardianship through the county probate court. His mom is relieved that someone will look out for John’s best interests when she can no longer do it.

Unable to manage health condition

"Bruce," 52, has mild mental retardation and depression. He lives in an apartment with a few hours of support daily from a supported living/IO waiver provider. He has a part-time community job and can make basic decisions about his life.

He’s been independent, but now he has health-related problems (he needs insulin shots for diabetes, and he has high blood pressure and an increased risk of heart attack). Both of his parents died from heart-related conditions. APSI becomes Bruce’s limited medical guardian, due to Bruce’s inability to understand and manage his medical condition. His APSI representative works with him and his team to ensure that his medical needs are met. Bruce continues to live in the community with assistance.

Cannot give informed consent

"Susan," 78, lives in a group home and retired from her county board day program. APSI becomes her guardian after she falls on ice and breaks her hip. The hospital says she needs surgery, but she cannot understand risks and benefits of the procedure and therefore cannot give informed consent. The surgeon and the hospital approach the county board and APSI about this issue.

The probate court appoints APSI as Susan’s emergency guardian. APSI then immediately reviews benefits and risks of the surgery and gives consent. Susan recovers, returns to her group home, and APSI continues to be her guardian and to monitor her care.

Must leave foster home

"Lisa," 21, has APSI as her guardian. She’s been in custody of children’s services since she was 12. She has mild mental retardation and significant behavioral issues. She’s had several unsuccessful foster home and residential placements. She graduated from school recently and attends a county board workshop. Children’s services funding for her current foster home is ending because Lisa is now an adult.

APSI helps her obtain workshop services and an IO waiver. She lives with two other women, and they all will be on the IO with 24-hour supports. Lisa has a behavior plan that helps control her when she’s upset. She continues to need assistance with decision making. If she were on her own, she would not be safe, and she would make decisions that would put her at risk for abuse and neglect.

Unable to manage money

"Dottie" is referred to APSI due to exploitation and because she can’t manage her money. At one time she lived in a tent in back of her boyfriend’s grandmother’s house. In the winter she had frostbite, and she was beaten by people trying to rob her.

Then she started living in hotels where she used most of her monthly Social Security Disability Income check for rent. She ate in soup kitchens and took handouts. After many years of moving from place to place, she moves to subsidized housing with APSI’s help. APSI now helps her manage her money by developing a budget. Dottie receives case management services from the county board. She makes biweekly trips to the grocery store and has help cleaning her apartment and doing her laundry. With APSI’s help, she has also saved enough money to eat out occasionally and to buy clothing.

Needs help making decisions

APSI serves as a protector for "John," who has a dual-diagnosis of mental retardation and mental illness. APSI and John sign a voluntary protectorship agreement that says how they will work together. APSI attends meetings with John, acts as his advocate and helps him assert his rights. APSI assures that people explain issues and consequences to John. John’s life changes significantly. He was incarcerated but now lives in his community. He has a job at a workshop. His medications are closely monitored and adjusted when needed. John has chosen a new provider and participates in community life. He also knows that he can call his APSI representative when he’s confused or has questions.

How to obtain services

APSI divides the state into regions for its service delivery. Northeast, Northwest, South Central, Southwest, East Central, and North Central Regional Offices exist in addition to a central office in Columbus.

APSI accepts referrals from any person or entity. Service criteria are set by law and by contract with the Ohio Department of Mental Retardation and Developmental Disabilities.

An eligible individual may be accepted for guardianship or other services when:

  • There is substantial risk because the individual...
    - Doesn’t have the ability to understand and make informed decisions.
    - Lacks adequate supports.
    - Has no other alternative to meet needs.
  • Circumstances are further complicated by a need for medical treatment, being in an abuse or neglect situation, having challenging behaviors, and so on.

For information about which region you are in and how to contact APSI in your area, call: APSI Central Office, (800) 282-9363, or in Columbus, call 262-3800, or write: APSI, 4110 N. High St., 2nd Floor, Columbus, OH 43214.

Clip and save...

Write for readers

Part 1 of 3 parts

People often look to the AXIS Center for Public Awareness, an ODDC grantee, for help with their writing, publications, marketing, and other communication challenges. AXIS’ new resource, Write for Readers, is available to newsletter readers free. Just clip and save the three installments, beginning with this one.

Write for Readers emphasizes 12 main writing points, listed below. In this issue, we feature the first two.

  1. Be brief, and get to the point.
  2. Use headlines with verbs.
  3. Use unbiased, people-first language.
  4. Make paragraphs short.
  5. Be complete.
  6. Make your writing visually appealing.
  7. Use the "you" point of view.
  8. Have available a good grammar book and a recent dictionary.
  9. Proofread.
  10. Write to express, not to impress.
  11. Write mostly in active voice.
  12. Stay consistent.

Put readers at the center of every decision you make

Readers decide whether your writing is worth reading. So your job is to make it easy for them to read and understand your ideas. Put readers at the center of every decision you make about your writing - from what words to use to how to organize it.

To some writers, this idea is novel because they were taught to be extremely formal, focusing on the process itself rather than on readers.

What follows are 12 ideas to give your writing more punch. Just remember that none of the ideas means anything without your belief that readers need to be the primary drivers of your writing decisions.

For example, if your readers are just learning English, you will want to use shorter words and sentences than usual. If they have visual disabilities of various sorts, you probably will want to keep your presentation uncluttered and use a larger typeface. Got the picture? Good. Now put it in practice, using these tips as a starting point.

  1. Be brief, and get to the point.
  2. Provide detail the way your readers want it. If you need to write something with detail, provide a summary at the beginning. That way, those who need immediate overview have it, and those who want detail will have their wish come true, too.

    If you know your readers well, you will know what’s most important to them and can prioritize your information accordingly.

    Most of the time, put the most important information first. When you go from most important to least important, you provide assurance that readers receive the priority message. Otherwise, they may lose interest or run out of time before they get to your main point.

    There are other ways to organize your message (example: chronological order), and sometimes you must or should use them. Usually however, you also would use a summary statement at the beginning to help readers get the big picture quickly.

    Exceptions: When delivering bad news (examples: layoffs, loss of funds), you should probably remain concise but lead up to the bad news gently. In other words, with bad news you would usually want to forego a summary and not deliver the bad news in the first paragraph.

    You should almost always open your item by telling the purpose of the written piece. It is acceptable to use the words, "The purpose of this memo is to...." For example, "The purpose of this memo is to provide an outline of how we’ll move our offices on July 9." You also may use a shorter, smoother opening, such as, "Below is an outline showing how we’ll move our offices on July 9."

    Make your writing fat free. Most people write using too many words and too many big words. That’s one reason why you should not consider yourself done when you finish writing. Editing is just as important as writing.

    The shorter the words, the faster the reader understands. Syllables do count. Of your total words, 70% should be of one or two syllables.

  3. Use headlines with verbs.
  4. Main headlines should catch readers’ attention and "advertise" the writing that follows. This is especially important in news articles. Every word needs to count in a headline, because readers use them to decide whether to read on. Headlines work best when they:

    • Are specific. They should let readers know what to expect - quickly and succinctly.
    • Contain both a subject and a verb. Without a verb, a headline is dull. It needs action. For example:
      "National Conference" (dull)
      "National Conference Clarifies Goals" (better)

      By adding a verb, you give readers a taste of what’s included in the writing that follows.

    • Be larger, bolder, or different in some way from the regular text. Avoid all capital letters, since using them makes headlines more difficult to read.

    In our next issue, we’ll include several more of the 12 writing tips. Until then, try practicing the ideas we’ve published here. For more information, contact the AXIS Center for Public Awareness using the information on the back cover.

Here are a few examples of how to trim the fat:

Instead of...Use...
UtilizeUse
Subsequent toAfter
For the purpose ofTo
In close proximityNear
In regard toAbout
In the event thatIf
In the near futureSoon
Owning to the fact that..Because
Whether or notAbout
With regard toAbout

Adoption helps children with disabilities

People seeking to open their homes and hearts to kids in need should consider adopting children with disabilities.

In Ohio today, nearly 3,000 children in county services agencies await adoption; about half are considered medically fragile. The children often have a variety of disabilities such as blindness, deafness, emotional challenges, cerebral palsy, diabetes, fetal alcohol syndrome, prenatal drug exposure, or other chronic illnesses.

Joetta McCruter-Polk, adoption recruiter at Franklin County Children Services (FCCS), in Columbus, said her agency categorizes every child as having special needs because each lives on the brink, seeking a family. Those with medical challenges need to be adopted, too, she emphasized.

Within the United States, there are 544,000 children in foster care homes. Of those, 126,000 are available for adoption because those in foster care often stay permanently with their foster families. In Franklin County, which is in Central Ohio, there are 64 children seeking adoptive families, including about six who are medically fragile with some type of disability, McCruter-Polk said.

"Special needs children are really no different than any other children," she said. "They need mothers and fathers, brothers and sisters, grandparents. They need love, support, and the building of their self-esteem to help them through their life and their development," she added.

Those who seek to adopt children must take 24 hours of training that covers topics such as:

  • Learning about loss and separation from the child’s point of view in being placed away from his or her biological parents;
  • CPR training; and
  • Helping make the transition into the home a temporary or permanent situation.

A family assessment or home study also is done. That process explores the prospective parents’ childhood, their hobbies, and family dynamics. She said prerequisites to adoption are similar in all Ohio counties, to maintain consistency.

She said the profile of the typical adoptive parent has changed throughout the years as society’s definitions change. "The way we define ‘family’ now is the same, yet it’s different," she said. "It’s based on what you determine family is."

For example, those who are single and living alone, or who are unmarried copartners can adopt, she said.

The adoption process typically takes four to six months. But the time may seem longer because it also takes six months to a year for people to decide to adopt. "It should not be a decision that’s made overnight," McCruter-Polk said. "It’s a life-changing decision for the prospective adoptive parent, the family, and the child."

She added that the wait time is similar to the nine months biological families have to adjust and plan for an upcoming birth.

Medically fragile children are assessed early on as to their health conditions and needs. In addition, agencies such as the FCCS are up-front with prospective parents about those needs, and health concerns.

"We don’t hide anything," McCruter-Polk said. "We don’t hold anything back. Families expect agencies to be forthright with adoptive parents about disabilities and other medical needs."

Many times, prospective parents fear medical bills and do not pursue adopting a child with a disability. Those considering adoption should know subsidies exist to help with medical expenses. McCruter-Polk said subsidies can vary according to the child’s particular needs.

Having worked in the adoption field for 14 years, McCruter-Polk said that despite some hesitations by parents that they can help a child who has disabilities, she has witnessed excellent developmental strides by children. "I’ve seen children placed in foster/adoption settings, and they are walking, they are talking, they are making such progress," she said.

For more information, contact Franklin County Children Services, (614) 341-6060 v; (614) 229-7298 tty; (614) 278-5988 fax; or visit www.co.franklin.oh.us/children_services, or http://jfs.ohio.gov/ocf/publications.stm, or write, or write Franklin County Children Services, 855 West Mound St., Columbus, OH 43223.

And for more information about adoption, visit the National Adoption Information Clearinghouse: www.naic.acf.hhs.gov/aboutus.cfm

Conference hosted by The Ohio State University, Disability Studies Program...

Multiple Perspectives on Access, Inclusion & Disability

April 20-21, 2004

Preliminary schedule includes workshops on:

  • Accessible Web Design;
  • Education, Citizenship & Disability;
  • Accommodating Employees with Psychological Disabilities;
  • K-12 History of Disability;
  • Para-Transit: Problem Solving Exchange;
  • Multiple Identities;
  • Access to Higher Education;
  • The Most Integrated Settings;
  • Emerging Theories in Disability Studies;
  • Aesthetics & Universal Design;
  • Transitions: From College Recruitment to Job Placement; and many more.

A public forum and poster sessions also will be included in conference activity.

For more information and registration materials, visit: http://ada.osu.edu

Resources & Announcements

March is MR/DD Awareness Month.

Order your posters, mugs, pens and other promotional materials now.

Contact: Public Images Network, 2001 Collingwood Blvd., Toledo, OH 43602, (419) 254-4069, www.publicimagesnetwork.org

NEW! www.grants.gov offers one-stop shopping for information on applying for all federal grants

On December 9, HHS Secretary Tommy G. Thompson unveiled a single, comprehensive web site that will contain information about finding and applying for all federal grant programs.

The web site, grants.gov, makes it easier for organizations to learn about and apply for federal grants.

To date, application packages have been posted to the grants.gov web site by five agencies: the U.S. Departments of Commerce, Education, Energy, Justice and HHS. This section will be expanded in the coming months as federal agencies continue to post application information about additional grant opportunities.

Grants.gov is a collaborative effort involving HHS and the Departments of Agriculture, Commerce, Defense, Education, Homeland Security, Housing and Urban Development, Justice, Labor and Transportation, as well as the National Science Foundation.

More information about Grants.gov is available at http://www.grants.gov.

A Guide to Making Documents Accessible to People Who are Blind or Visually Impaired

- Jennifer Sutton

"We know that people want to do the right thing and to provide reading matter like telephone bills, conference materials, and bank statements in formats that are accessible. This guide will make it easier, faster and less expensive to provide materials in Braille, large print, and via electronic media, and that’s good news for everyone." - Christopher Gray, President, American Council of the Blind (ACB)

This is an easy to read guidebook that covers the principle ways people can make materials accessible and provides guidance about which particular formats may be most appropriate for specific purposes. Contains tips to make the process easier including how to design with access in mind.

Comprehensive resource section includes marketing tips, production resources, and web accessibility tools.

$2.50 in print, large print, audiocassette, or Braille. Free online at www.acb.org Published by The American Council of the Blind, 1155 15th St. NW, Suite 1004, Washington, DC 20005. (800) 424-8666; e-mail: info@acb.org

Fire Safety Training

- Champaign Residential Services

Developed and approved by the Fire Safety Committee of the Ohio Department of Mental Retardation and Developmental Disabilities, the Ohio Department of Commerce/Division of the State of Ohio Fire Marshal and the American Red Cross.

A comprehensive training film to educate the consumer and caregiver on the importance of practicing and promoting good fire safety skills on a daily basis. Can be used by anyone including individuals with disabilities and those providing services to them.

  • Identifies precautions that need to be taken by staff and individuals in order to successfully evacuate their homes.
  • Studies the components of R.A.C.E. (Rescue, Alarm, Contain, Evacuate) and how and when to initiate it.
  • Stresses the importance of fire safety and the critical role of the employee in fire prevention and safety.

Includes an approved fire safety-training checklist.

Video, $99.95 plus $10.95 S&H. CD-ROM, $109.95 plus $10.95 S&H. Video or CD-ROM and Curriculum, $219.95 plus $21.95 S&H. Fire Safety Training, Champaign Residential Services, PO Box 29, Urbana, OH 43078; www.crsi-oh.com; e-mail: firesafety@crsi-oh.com

Mental Retardation: Definition, Classification, and Systems of Support

-American Association on Mental Retardation (AAMR)

The 10th edition of this AAMR classic incorporates new features and expands others to create a multidimensional system to diagnose, classify, and plan supports for people with mental retardation.

It takes the best of the 1992 definition and incorporates substantial additions based on current research and feedback to produce a new definition and system of supports.

Book presents five key underlying assumptions upon which the definition is based and a theoretical model of five dimensions essential to understanding mental retardation and how to use the companion system.

This is an important resource since state and federal laws, regulations, and court decisions are based on the AAMR definition. Understanding the new definition and system of supports is essential for anyone delivering services today or planning for the future.

250pp. $79.95 plus $4 S&H. AAMR Publications, PO Box 25, Annapolis Junction, MD 20701-0025; 301-604-1340; www.aamr.org

My Body, My Responsibility:
A Health Education Video for Deaf Women

-Deaf Wellness Center, University of Rochester Medical Center

Dialogue in American Sign Language with spoken English soundtrack and open captioning throughout.

This video fills a major gap in health education materials for deaf women and/or families with deaf women. It is for healthcare providers, educators, interpreters and anyone who cares about deaf women’s health. Topics discussed: puberty, menstruation and related hygiene, pregnancy and labor, pregnancy prevention, birth control methods, and sexually transmitted diseases including HIV.

"The video is long but there are ample opportunities to pause the video for discussion and breaks. It is very informative and I highly recommend it to deaf women." Darlene Zangara, Division Director, CSD (Communication Services for the Deaf) of Ohio.

VHS 62minutes. $65 includes S&H. Deaf Wellness Center, University of Rochester Medical Center, 300 Crittenden Blvd., Rochester, NY 14642; (585) 275-6785 v/tty; e-mail:robert_pollard@urmc.rochester.edu

Wrightslaw: No Child Left Behind

-Peter W. D. Wright, Esq. Pamela Darr Wright, Suzanne Whitney Heath

This resource is for parents, educators, advocates, and attorneys. Book covers all states, school districts, and schools that accept Title 1 federal grants. Includes full text of the No Child Left Behind Act; analysis, interpretation and commentary; advocacy strategies, tips and sample letters.

Divided into sections for easy reference:

  • New requirements for teachers and paraprofessionals
  • School and school district report cards, annual testing in math and reading
  • New options for parents including transfers from failing schools
  • After-school programs and summer school
  • Supplemental services to children who attend low performing schools including tutoring
  • Teacher training and certification
  • What educators need to know.

Contains a CD-ROM with full text of the NCLB, regulations, and dozens of references and resources.

352 pp. $29.95 plus $4.95 S&H. Harbor House Law Press, Inc. PO Box 480, Hartfield, VA 23071; (877) 529-4332; www.harborhouselaw.com

Public testimony shows diversity of Olmstead supporters

Dick Steinbrunner, DD Council Member: "One of the most difficult things we (my wife and I) were up against is trying to find a good caregiver. You can get them to come in, but because of the salary level, it was difficult to keep them."

Jessica Kane, sister of young man with disabilities: "Depriving any human of the option to live their life as they dream is fundamentally wrong. You cannot deprive a person of being human."

Jackie Martin, parent of a first-grader with disabilities: "I had an extremely difficult time figuring out and navigating Ohio’s system of support services for my child. I’m still not sure that I fully understand and utilize the services available...The process is just too frustrating."

Karla Lortz, "In order for anyone with a disability to maintain... [themselves] independently in the community, [there must be] transportation - adequate, affordable, accessible transportation that allows persons to get around the community and conduct business and go to work."

DD Quarterly is produced by AXIS Center for Public Awareness.

DD Quarterly is available in large print and on audiocassette, upon request.

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
Kathy Hatch, assistant

Copyright 2004. Content may be reprinted upon request.

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