DD Quarterly - Fall 2011


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In this issue:

About the DD Quarterly

Copyright © 2011, Content may be reprinted upon request.

October is National Disability Employment Awareness Month

October is designated by Congress as National Disability Employment Awareness Month. During this important month, events and activities are held throughout the United States to increase public awareness of the contributions and skills of American workers with disabilities and to highlight employment barriers that still exist for people with disabilities.

History

Annually recognizing the needs and contributions of workers with disabilities was originally established in public law by Congress in 1945. The first week of October was designated as a time to educate the public on the benefits of hiring people with disabilities. In 1988, Congress expanded the week to a month and officially named October as National Disability Employment Awareness Month.

This year's national theme is "Profit by Investing in Workers with Disabilities." Kathy Martinez, assistant secretary for disability employment policy of the U.S. Department of Labor said, "This year's theme focuses on improving employment opportunities that lead to good jobs and a secure economic future for people with disabilities and the nation as a whole." On October 3, 2011, President Obama issued a proclamation recognizing National Disability Employment Awareness Month, urging all Americans "to embrace the talents and skills that individuals with disabilities bring to our workplaces and communities and to promote the right to equal employment opportunity for all people."

Kick-Off Event

The National Disability Employment Awareness Month kick-off was held in early October at the Statehouse Atrium. ODDC Executive Director Carolyn Knight spoke at the event before an audience of people with disabilities, advocates and professionals. Knight said, "As people with disabilities are finding employment, they are finding their voice in the community, speaking to legislators and public officials regarding their wants and needs, and the kinds of policies that they believe would be helpful." Knight said she expects this movement to continue as more and more people with disabilities find employment.

Bob Blair, director of the Ohio Department of Administrative Services (DAS), presented a resolution on behalf of the Governor to recognize October as Disability Employment Awareness Month. He also announced an initiative that DAS is undertaking to increase the hiring of people with disabilities in state government.

Focus on Employment

In recognition of National Disability Employment Awareness Month, this issue of the DD Quarterly focuses on employment.

Articles represent initiatives that are underway to improve employment options for people with disabilities and issues that people with disabilities continue to experience when trying to find and keep a job, such as lack of community-based employment and employment discrimination. Articles also cover ways to advocate for improved employment results, such as the importance of transition planning for high school students.

Several organizations are highlighted in this newsletter, such as the Statewide Employment Leadership Network, the Employment First initiative, the Ohio Disability Employment Alliance and the People First of Ohio "Call to Action" Employment Forums. All are working toward a common goal to increase integrated employment opportunities for people with disabilities that offer competitive wages, benefits and choice.

Read more articles

DD Council News!

Beginning in January, go to DD Council's website and the DD Network Partners Facebook page for the news and announcements about DD Council. DD Council is discontinuing the DD Quarterly newsletter after the Winter 2011 issue and will use these online sources to keep people up-to-date on Council activities and other disability-related news.

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Chairman's Message

In all likelihood this will be the last message I write as chair of ODDC after serving in this position for the past three years. Council members, at the September meeting, submitted the names of two members of Council to the Governor for his consideration. The Governor is expected to choose the new chairperson before ODDC's December meeting.

The past three years have been a period of positive change for ODDC. While I wish I could take credit for these positive changes, its been a collective effort involving Council members and staff. Even though Council experienced a significant turnover in membership, the nominating committee each year identified some terrific new self advocates and family members. In addition, the representatives from the agencies and our DD Partners continue to make positive contributions. There has been more collaboration, cooperation and mutual respect on this Council than I have seen in all the years I have been on Council.

The current staff is one of the best I have ever worked with. They are talented and passionate about Council's work and each staff person contributes his or her own particular gifts to achieve our goals. Of course, I would be remiss if I did not acknowledge the efforts of the executive director, Carolyn Knight, who, among her many accomplishments, created a positive atmosphere which allowed this to happen. I also want to thank Director Martin and other staff of the Ohio Department of Developmental Disabilities for their support.

The positive changes and the renewed commitment of Council members and staff resulted in the development of a five-year plan that was completed in July. Each committee, instead of fighting for "its share of the pie," took a more holistic approach and looked at all of the needs of people with developmental disabilities in Ohio and allocated ODDC's funds appropriately. Employment, which is the theme of this issue of the DD Quarterly, was identified as a top priority.

I have truly enjoyed my tenure as chair of ODDC. I wish the next chairperson, members and staff continued success on achieving Council's mission and pursuing change that improves the independence, productivity and inclusion of people with developmental disabilities and their families in community life.

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Transition to Work for Students with Disabilities

by Kristin Hildebrant, Supervising Attorney, Ohio Legal Rights Service

Transition planning is essential for promoting a student's movement from school to post-school activities. For many students, transition planning is centered on helping to obtain competitive employment.

Good transition planning is outcome oriented and focuses on results that help the student reach his or her post-school goals. Good interdisciplinary assessments and involvement in the transition process are crucial to a successful outcome. Effective employment transition services include incorporating real-life work experiences into the student's day, tailoring the student's academics to skills relevant to the expected vocational outcome and helping the student understand what kinds of accommodations he or she may need from an employer and how to access those accommodations.

Importance of Involvement

Transition will not succeed if partners fail to be an active part of the process. Transition partners include the student and family, school, state agencies and community organizations. Together they can prepare a student for workforce readiness by addressing the student's vocational interests and aptitude, exposing the student to work options and providing individualized supports and training to help the student acquire work skills.

Most importantly, student and family engagement should be supported in the transition process. Students who are actively involved in their transition are better self advocates and better able to make decisions about their transition plan and their future. When students are involved, they have opportunities to learn about their strengths and skills, and to learn how that has an impact on learning, work and independence. This helps them to recognize the accommodations they will need at job, in college or in the community.

School Requirements

Schools are required to help students prepare for transition to employment by facilitating transition planning and the provision of transition services. The school must schedule an Individualized Education Program (IEP) meeting to discuss transition and notify the student and his or her parents about the meeting. The school must also invite outside agencies who want to participate in the meeting.

At age 14, the IEP team develops a statement of the transition service needs of the student. Transition service needs are those things that help the student make a successful transition from high school to post-school activities. This generally includes courses that are relevant to the student's future goals. At age 16, the IEP team develops a statement of needed transition services, measurable transition goals and a statement of the interagency responsibilities or any needed linkages for transition services.

The Role of RSC

Since schools are required to help the student connect with other agencies that can assist in the transition process, the student seeking future employment may be referred to the Ohio Rehabilitation Services Commission (RSC) to help reach his or her employment goal. RSC provides services to students who are 14-22 years old and have a disability that impacts work. Depending on the needs of the student, RSC can provide a variety of services including post-secondary education, vocational training, supported employment, job placement and job coaching. The goal of RSC transition services is to help students get and keep competitive employment in the community.

When a Transition Plan Isn't Working

When a student's transition is not effective, the IEP team must reconvene to identify alternative strategies to meet the transition goals. If a school fails to provide transition planning or services to an eligible student, the student and parents should request an IEP meeting to discuss the situation. The school's special education director should be contacted to help schedule the IEP meeting.

If there are disagreements about transition planning and services that cannot be resolved through the IEP process, parents and students can request an impartial due process hearing or file a complaint. For more information contact:

  • Ohio Department of Education, Office of Exceptional Children at (877) 644-6338.
  • Your special education director for a copy of your rights.
  • Ohio Legal Rights Service Intake Department at (614) 466-2764/TTY (614) 728-2553 or (800) 282-9181/TTY (800) 858-3542.

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Employment Programs Prepare College Students

by Bill Bauer Ph.D. and Margo Vreeburg Izzo Ph.D., Nisonger Center

Colin goes to work at The Ohio State University's (OSU) Prior Health Sciences Library five days a week. He retrieves and returns medical journals and books to the stacks, and sorts and delivers the mail. After he works, he eats his lunch and explores other potential internship sites. One night a week he attends a class at OSU. What does Colin like best? Getting paid, of course!

Colin and other young adults are participating in one of two new employment programs coordinated by OSU's Nisonger Center: Transition Options in Postsecondary Settings for Students with Intellectual Disabilities (TOPS) and Vocational Rehabilitation Private Public Partnership (VRP3).

TOPS Program

The goal of TOPS is to develop, test and refine a statewide model that delivers inclusive postsecondary options. This includes participation in college classes; internships; housing; and social experiences that result in improved academic, employment and adult living outcomes. Through this five-year federally funded project, approximately 100 students with intellectual disabilities between ages 18 and 29 receive services at college campus sites. OSU, University of Toledo and Xavier University are currently participating.

Students in the OSU TOPS program have access to a variety of supportive services such as academic coaching, job coaching and recreation/daily living skills coaching. Volunteers, mentors and graduate students are trained as coaches. Students also participate in OSU's First Year Orientation weekly topical sessions. These sessions include a campus tour, and learning about good study habits, financial independence, safe sex, substance abuse, independent living, healthy eating habits, diversity, family relationships and social appropriateness. TOPS students are expected to attend the sessions with an academic coach, and to participate and reflect on each session. When students complete the program, they have an electronic portfolio that demonstrates skills and competencies.

Creating and testing these services and activities within age-appropriate postsecondary settings through the TOPS program offers alternatives to sheltered workshops, currently the primary option available in some communities for persons with intellectual disabilities. In addition, college students majoring in disability-related disciplines gain authentic experiences that will enhance their professional growth.

An open house for the TOPS model will be held November 2, 2011 from 10:00 a.m. - 5:00 p.m. For more information, see the Nisonger Center website.

VRP3 Program

The VRP3 program expands employment opportunities using the Project SEARCH model. This partnership, with funds from the Ohio Rehabilitation Services Commission (RSC), allows the Nisonger Center to provide job development and coaching services for internships for clerical, medical information management, environmental services, dietary and library aide jobs on OSU's campus.

Each student has a job coach who supports them until they can perform the tasks of their job at a competitive rate. Students also have a comprehensive job analysis done before placement and the job coach supports them throughout the process. Assistive technology (AT) and support are also available for students, including a comprehensive AT assessment done by the Nisonger Center staff in cooperation with OSU's occupational therapy department.

The Nisonger Center plans to serve eight young adults during fiscal year 2012 in the VRP3 program and will begin accepting applications for the 2012-13 academic year in January 2012. Applicants must be eligible for services from RSC and have their own transportation to OSU's campus to be considered for the VRP3 program.

For more information about both programs, go to the Nisonger Center's website.

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DD Council Awards Grant to DODD to Join SELN

The ODDC has awarded a grant to the Ohio Department of Developmental Disabilities (DODD) to become a member of the Statewide Employment Leadership Network (SELN). ODDC will also be an active participant on the Ohio SELN team.

The SELN is a cross-state cooperative venture of state developmental disabilities agencies that are committed to improving employment outcomes for adolescents and adults with developmental disabilities. The SELN helps states enhance their capacity to develop, implement and support effective integrated employment initiatives designed to improve employment outcomes for people with developmental disabilities. The SELN is managed by the participating states through a project steering committee to ensure it remains fully responsive to the states' needs.

SELN Recognizes Benefits of Employment

According to SELN, decades of research have demonstrated the economic and social value of employment for adults with substantial, lifelong cognitive and developmental disabilities. Being employed on a full- or part-time basis not only enhances an individual's sense of self-worth and improves economic well-being, but also frequently reduces service costs - sometimes dramatically. Employment also establishes community connections that allow the person to function as a contributing, valued member of the community. Although the positive outcomes of integrated employment are clear, the movement away from traditional segregated day program services has been slow in many states. The SELN brings together state developmental disability agencies for sharing, educating and providing guidance on practices and policies around employment to its members.

"The Department has made employment of individuals with developmental disabilities a top priority," stated ODDC executive director Carolyn Knight. "The Department's membership in the SELN will promote new connections within and across states to establish effective collaborative relationships and learn from the experiences of other service systems," Knight concluded.

DODD Hires Employment Policy Advisor

The DODD recently hired Teresa Kobelt to help lead two statewide employment initiatives: DODD's Employment First Initiative and its participation in the SELN. Kobelt said activities to date include conducting a stakeholder survey and holding meetings around Ohio.

Kobelt began her career working for a number of nonprofit agencies that provide counseling and services to people with disabilities. In 2005, Kobelt joined the staff of the Ohio Rehabilitation Services Commission as a vocational rehabilitation counselor and in 2010 she moved to the Ohio Association of County Boards to work on its Bridges to Transition program.

For more information about DODD's involvement in employment initiatives, contact Kobelt at Teresa.Kobelt@dodd.ohio.gov or (614) 466-7290.

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Employment System Change Grants

The federal Administration on Developmental Disabilities (ADD) recently awarded grants to six states to improve existing systems and to increase competitive employment outcomes for youth and young adults with developmental and intellectual disabilities.

Ohio had also applied but was not selected. The Ohio Integrated Employment Consortium, which includes the DD Network Partners and People First, proposed a new system of transition for youth based on best practices, research and past experience that would result in a 20 percent increase in youth employed in community-based, integrated employment.

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A Nation Working on Jobs

by Paul Jarvis, ODDC

Ohio is not alone in its efforts to achieve an Employment First Policy. For several years, other states across the nation have pursued varying degrees of Employment First in state law, executive order or administrative rule. With the help of the State Employment Leadership Network (SELN), many of these states are able to work together toward the common goal of improving integrated and competitive employment options for people with disabilities. Ohio joined SELN in July.

Most recently, Kansas joined California and Utah as states that have passed legislation to implement an Employment First Policy. The Kansas bill made Employment First the policy of the state, which defined competitive employment and integrated settings and ordered all state agencies to follow the policy. The law also created an Employment First Oversight Commission that included people with disabilities to establish and track measurable goals for increasing competitive employment in integrated settings.

California's Employment First Policy is similar to Kansas' in the sense that it creates an Employment First Committee to identify state and local agency roles in enhancing competitive employment, improve the transition process and develop partnerships with public and private employers. The committee is charged with informing policymakers and regulators about needed changes to improve competitive and meaningful employment. Other states that have pursued an oversight committee or council include Arkansas, Indiana and Maryland.

In Utah, advocates convinced policymakers to include specific language in the law that mandated all services provided to individuals with disabilities give priority to assisting individuals in getting and keeping meaningful employment that enables that person to purchase goods and services, establish self-sufficiency and exercise economic control over their own lives. Priority language in Employment First Policies also appear in Arkansas, Colorado, Louisiana, Maryland, Missouri, Oregon, Oklahoma, Pennsylvania and Washington.

To address priority in Tennessee, the state restructured its day service rates from an hourly rate to a daily rate. Policymakers there believed the hourly rate discouraged providers from expanding integrated employment services. The state department also established a higher rate of payment for integrated employment than for day services. In addition, Tennessee implemented a periodic community-based work assessment to provide individuals who are hesitant to pursue community employment an opportunity to try it out without fear of failure.

Delaware is another state to include a community-based work assessment in their Employment First efforts. To emphasize employment over day programs in Delaware, the policy sets a five-year goal of increasing community employment by 5 percent. Other states pursuing similar benchmarks include Colorado, Minnesota, Texas and Utah.

The adage, "there is more than one way to skin a cat," seems appropriate for how states are tackling Employment First. With Ohio's entry into the SELN and a variety of other state options to consider, there is plenty of work left to do to find better jobs for people with disabilities.

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Ohio Disability Employment Alliance

A new group was recently formed to enhance the lives of people with disabilities through public policy and advocacy efforts and to increase competitive employment in the community.

The Ohio Disability Employment Alliance (ODEA) consists of numerous organizations, including ODDC and DD Network Partners, the Cincinnati UCEDD and Ohio Legal Rights Service.

For more information about ODEA, contact Sue Willis by email at axiscenter@columbus.rr.com.

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Employment Discrimination: Questions & Answers

People with disabilities continue to experience employment discrimination despite the protections guaranteed by laws that are designed to ensure equal opportunity and full participation in our economic system. Employment discrimination may be experienced by people with disabilities during the hiring process or on the job.

The following is a list of frequently asked questions about employment rights and discrimination. For more information, read an online booklet by the Ohio LegalRights Service, Employment Discrimination: Rights and Remedies for People with Disabilities.

Can the employer refuse to hire me if I have a disability?

Ohio is an employment-at-will state, which allows the employer to hire, to fire and to refuse to hire for almost any reason. However, if you are qualified to perform the essential functions of the job, the employer may not refuse to hire you only because you have a disability.

Is the employer required to hire me because I have a disability?

Just as the employer may not refuse to hire you only because you have a disability, the employer is not required to hire you only because you have a disability. You must be able to perform the essential functions of the job, either with or without reasonable accommodation for your disability that will allow you to perform the job.

May the employer ask about my disability when I apply for employment?

The employer may not ask any questions about your disability on job applications or during job interviews. The employer must define the essential functions and conditions of the job and then ask the applicant about his or her qualifications to perform the job. The employer may ask questions about job history, gaps in employment and other disability-neutral questions.

May the employer require me to have a medical examination?

The employer may not require a medical examination during the application and hiring process. After offering you the job, the employer may require a medical examination, but only the same medical examination required of every new-hire in the same job category. After the employer makes you a conditional job offer, there are no limits on inquiries about your disability. However, the employer may only withdraw a job offer if you cannot perform the essential functions of the job, with reasonable accommodation if necessary.

What is reasonable accommodation?

Reasonable accommodation is a modification or an adjustment to a job or work environment that will enable a qualified applicant or employee with a disability to participate in the application process and to perform essential job functions. Reasonable accommodation includes changes in the employer's policies or procedures and other modifications to assure equal employment opportunities for people with disabilities.

What are examples of reasonable accommodation?

Examples of reasonable accommodation include adapting a work station, providing a quiet work space, purchasing adapted equipment, modifying existing equipment, restructuring a job description, modifying awork schedule, and reassigning to another, vacant position which you are qualified to fill.

Employee reassignment and some other accommodations may be subject to a seniority policy or a collective bargaining agreement. If the employer's workers are unionized, you should consult the union representative or consult a lawyer.

Must the employer make reasonable accommodation for my disability?

The employer must make reasonable accommodation for your disability in the work place and work duties to enable you to perform the essential functions of the job. However, the employer is only required to make reasonable accommodation if the employer knows that youneed reasonable accommodation.

Will I lose my right to reasonable accommodation if I do not tell the employer about my disability during the hiring process?

You have the right to reasonable accommodation for your disability at any time you choose to ask. You may tell the employer about your disability after many years on the job and will have the right to reasonable accommodation at that time.

Does the employer have the right to require documentation of my disability when I ask for reasonable accommodation?

Once you are hired and begin the job, the employer may ask you questions that are related to the job and necessary to conduct business. When you ask for reasonable accommodation, the employer may requireinformation to establish your disability and your need for reasonable accommodation.

Are there accommodations the employer is not required to provide?

The employer must make only "reasonable" accommodation for your disability. The employer is not required to make accommodation that will lower quality orquantity standards. The employer is not required to provide personal use items such as glasses or hearing aids or to create a new job position for you if you are not qualified for the position you applied for.

When is an accommodation not "reasonable?"

An accommodation is beyond "reasonable" if it would impose "undue hardship" on the business. Reasonableness and undue hardship depend upon the nature and cost of the accommodation in relation to the nature, size, resources and structure of the employer's business. What may be an undue hardship for one employer may be a reasonable accommodation for another employer. In general, a large business would be required to make greater effort or spend more money to accommodate your disability than a small business.

Must the employer provide reasonable accommodation in attendance?

Regular and predictable attendance is commonly viewed as a minimum standard of performance, although the employer may be required to tolerate some additional absences for your treatment needs, such as short-term hospitalization. The Family and Medical Leave Act (FMLA) and state workers' compensation laws provide additional rights or restrictions on job leave and absences.

Which employers are covered by the ADA?

The Americans with Disabilities Act (ADA) covers private employers, state and local government employers, employment agencies and labor unions with 15 or more employees. Federal employees and employees of federal contractors may be covered under a different law, the Rehabilitation Act of 1973. The Rehabilitation Act has different requirements, including a 45 day time limit for filing complaints about rights violations.

What employment activities are covered by the ADA?

The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions and privileges of employment. The ADA applies to recruitment, advertising, tenure, layoff, leave, fringe benefits and all other employment-related activities.

Do I have rights as a person with a disability under the ADA?

The ADA protects the employment rights of qualified individuals with disabilities. The ADA defines "individual with a disability" in two parts, both of which must be true. (1) You must have a physical or mental impairment, which may include mental illnesses, and (2) your impairment must result in a substantial limitation in one or more major life activities, such as thinking, learning, working, standing, reaching or caring for yourself. In addition, you must be "qualified," which means that you can perform the essential functions of the job, with or without a reasonable accommodation.

Which conditions are not considered disabilities by the ADA?

The ADA does not include as a disability gay, lesbian and bisexual orientations; sexual compulsions and disorders; compulsive gambling; kleptomania; pyromania; and psychoactive disorders that result from current illegal use of drugs. The ADA includes alcoholism among covered disabilities, but excludes drinking or alcohol impairment while working. Conditions which pose a "direct threat to health and safety" may be covered disabilities, if the threat can be eliminated by reasonable accommodation.

May the employer discriminate if people believe my condition is dangerous?

Employment practices based on stereotype and unfounded assumptions about disability are illegal. The employer's judgment that your condition is dangerous must be based on medical judgment and objective evidence. The employer must consider duration of the risk, nature and severity of the potential harm, likelihood that harm will occur and imminence of the harm.

Does the ADA protect my confidentiality?

Any information about your disability must be stored on separate forms and treated as a confidential medical record. The record must be stored separately from other personnel files and accessible only to designated staff persons.

Are there exceptions to ADA confidentiality protections?

There are five exceptions to the confidentiality requirements:

  1. Supervisors and managers may be informed about necessary work restrictions and other accommodations.
  2. First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment, or if any special procedures are required in case of fire or other evacuations.
  3. Government officials should be provided access to information when investigating disability anti-discrimination compliance.
  4. Relevant information may be provided to workers' compensation offices.
  5. Relevant information may be provided to insurance companies when the company requires a medical examination to provide health or life insurance to employees.

The information should not be shared with anyone else without the explicit consent of the person with a disability.

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People First Kicks Off Its Employment "Call to Action"

People First of Ohio is calling its members to action to improve job opportunities for people with disabilities. They are holding a series of regional employment forums to bring together self advocates, family members, county board employees and provider employees to understand Ohio's job service system; hear about the types of jobs and training self advocates want; and develop a plan to create more job opportunities, better wages and benefits for people with disabilities.

Self Advocates Speak Up

At the first "Employment Call to Action" forum in St. Louisville, Sarah, who is a member of the Licking County chapter of People First stated, "We demand the right to come forward and stand up for what we believe in." Sarah and other self advocates talked about the importance of work and the kinds of jobs they would like to have. People noted that they wanted to work in community jobs, but that the county board workshop was all that was open to them.

People First members and professionals talked about how planning for a job should be person-centered, as all other planning should be, and why it is very important to understand how work affects benefits. Supported employment, and the role of job coaches and job developers were discussed. It was pointed out that Medicaid rules can be a barrier to community employment since private providers can choose whether or not to serve individuals.

Participants found that the forum covered a lot of ground and was fair, balanced and respectful. Examples of topics discussed among self advocates and family members included:

  • why a person who wants to work in the community cannot;
  • what the difference is between supported, customized and community employment;
  • why people don't have to work at a workshop;
  • why one person makes minimum wage at a day service while another is paid piece rate; and
  • what is happening with students transitioning from high school to work.

Many shared about their experiences with finding and getting work. For example, one woman talked about her success at her job. She has been happily employed for 16 years at a local restaurant because she has the supports she needs to do her job.

Presenters Provide Information

Speakers also presented various employment topics. A representative of a county board workshop explained the piece-rate pay system where pay is based on the number of units of work produced by the employee. He said this is because sheltered employment workshops, sometimes operated by a county board or a non-profit corporation, operate under federal Department of Labor (DOL) law that allows employers to pay less than minimum wage. (To learn more about the DOL's Fair Labor Standards Act Section 14(c) provisions: Determining the Standard Under FLSA Section 14(c))

Another presenter was the general manager of a private company that contracts with a county board workshop to employ people with disabilities. He talked about his company and the jobs it provides.

Employment rights for people with disabilities were covered by an attorney who is an employment specialist with the Ohio Legal Rights Service.

A representative from the Department of Developmental Disabilities attended the forum. The Rehabilitation Services Commission was not able to attend this forum, but will send a representative to the remaining forums.

What Do You Think?

People First hopes that self advocates, family members and others who want to improve job outcomes for people with developmental disabilities will come to a forum. If you can't come, you can still be part of the Call to Action. Contact People First so your ideas can be added to the plan and recommendations to improve job opportunities. Call (740) 397-6100 or email carrie@peoplefirstohio.org.

People First of Ohio Employment Call to Action Forums Schedule

October 17, 2011, 6:30 - 8:30 p.m.
Athens Community Center
701 E. State Street
Athens, OH 45701

October 20, 2011, 7:00 - 8:30 p.m.
Ability Center of Greater Toledo
5604 Monroe Street
Sylvania, OH 43560

November 3, 2011, 6:30 - 8:30 p.m.
S&H Products
435 S. Stolle Avenue
Sidney, OH 45365

For more information: Call (740) 397-6100 or email carrie@peoplefirstohio.org

Self-advocates of People First of Licking County are making all the arrangements for the forums. They schedule and advertise the forums, arrange meeting places and refreshments, obtain speakers, and collect questions locally from self advocates and families for discussion at the forums. Through this thoughtful process, People First of Ohio is able to hear about concerns and ideas from people living across Ohio.

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Nisonger Seeks People to Take Healthcare Survey

The Nisonger Center at The Ohio State University is conducting a study of the health status and access to healthcare of adults with Down syndrome. This information will help Nisonger researchers learn more about specific risk factors and special medical needs of persons with Down syndrome.

The survey takes approximately 15-20 minutes to complete and all answers will be anonymous and confidential. Nisonger will send a $5 gift card for completing the survey. The adult with Down syndrome who is represented in the survey will be entered to win one of three Wii + Wii Fit bundles.

The survey is available online: DS Online Health Survey.

If you have questions or need additional information contact Matthew Grover, The Ohio State University Nisonger Center at matthew.grover@osumc.edu or (614) 247-4801.

This project is made possible with funding from The Columbus Foundation Grant # TFB11-0357 TG.

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ODJFS Receives Federal Employment Grant

The Ohio Department of Job and Family Services (ODJFS) has received $3 million from the U.S. Department of Labor (DOL). Ohio is one of seven states to receive these funds.

All projects are to build upon DOL's Disability Program Navigator Initiative by hiring staff with expertise in disability and workforce issues. The grants also support extensive collaboration across multiple workforce and disability service systems in each state, including vocational rehabilitation services, mental health and developmental disability agencies, Medicaid Infrastructure Grant-supported activities, independent living centers, business leadership networks, and other community and nonprofit organizations.

For more information: US Labor Department awards more than $21 million in Disability Employment Initiative funding to 7 states

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Cincinnati UCEDD Reaches Out Through Distance Learning

by Tom Gannon, University of Cincinnati Center for Excellence in Developmental Disabilities

The University of Cincinnati Center for Excellence in Developmental Disabilities (UCEDD) has a long history of using its clinical and research expertise to teach and support frontline professionals. During this past year, this role has expanded through distance learning technology. Supported by a grant from Autism Speaks, Jennifer Brown Ph.D. and Kristin Currans Psy.D., have been able to expand the audience for their community training series, "Understanding Behavior in Autism Spectrum Disorders." Through the use of a live video connection, they are able to include staff from Southeast Ohio and Eastern Kentucky as active, real-time participants in the program.

Partnership Bridges Distance

A partnership with Cincinnati Children's Hospital, Our Lady of Bellefonte Hospital, in Ashland, Kentucky and Pathways Inc. in Eastern Kentucky provided technical support and training facilities for the video link-up. The video conferencing technology allowed staff from community programs in Kentucky to gather for the educational series in two locations separated by 140 miles. Teaching methods included lecture, discussion, group activities and homework. The presenters could see and interact with a live class in Cincinnati and with a distance learning class in Ashland. Learners at both locations asked and answered questions in real time.

Learners cited the strengths of the program as their ability to interact directly with the presenters, the opportunity to hear the experiences of frontline professionals in both groups and their ability to apply their own experiences to what they have learned. The topics covered include: challenges that place individuals with autism at risk for challenging behaviors, defining problem behaviors, functional assessment, data collection, functions of behavior, linking function to intervention, reinforcement and additional topics determined by class participants.

More Trainings Planned

Technology allowed the UCEDD both to bridge the distance and to reach workers in more rural areas which have fewer training opportunities. The second series of classes is now underway and it is expected that 80 staff will have participated by the end of the year. The Ohio Department of Developmental Disabilities has approved continuing education credits for participants.

Tom Gannon, who helped coordinate the project at the Cincinnati UCEDD said, "We were excited to extend this training to a new audience because we knew from experience that it is practical and effective. We also gained experience in distance learning tools." Gannon reported that they had a few technical problems but learned that when they kept things simple, they were able to share the learning as if everyone were is the same room. "We are grateful that the Autism Speaks grant allowed us to become more skilled. We know we will reach more learners in the future," Gannon concluded.

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NDRN Report Calls for End of Segregated Employment

Earlier this year the National Disability Rights Network (NDRN) released a report that indicated a "total failure of the disability service system to provide quality work for people with disabilities." NDRN found that people with disabilities continue to be segregated at their workplaces, particularly in sheltered workshops; and those who run the workshops continue to pay workers with disabilities a sub-minimum wage.

According to the report, people with disabilities are still segregated from the community, living in clustered apartments and employed by sheltered workshops. Housed in sheltered workshops during the day, individuals with disabilities continue to have the benefits of an integrated society withheld from them. Sheltered workshops, set up to be training programs to teach skills that would qualify individuals with disabilities to work in competitive, traditional work, are not achieving their intended purpose. Sheltered workshops:

  • are not teaching relevant or transferable skills;
  • do not vie with other businesses for work and as a result aren't competitive;
  • are not set up to be innovative or adapt to new technologies, and do not change as new ideas or best practices evolve.

For each individual who works in a traditional integrated environment, there are three who still spend their days in the sheltered workshop, the report states.

Fair Wage

In 1938, the Fair Labor Standards Act (FLSA) set standards for basic minimum wage rates. It also created a special exemption authorizing employers to pay significantly lower wages to workers with disabilities. The original purpose of the lower wage was to encourage manufacturing companies to hire veterans with disabilities. The FLSA has been amended several times and the wage exemption has expanded making it especially profitable for employers to exploit employees with disabilities. According to the report, those employed at a sheltered workshop make only 10-50 percent of the minimum wage. Such a low wage reinforces a life of poverty for people with disabilities. In addition, the workers do not receive healthcare or other employment benefits.

Call to Action

The report calls for action to be taken that:

  • Ends segregated employment and sub-minimum wage for workers with disabilities;
  • Promotes and facilitates integrated and comparable wage employment alternatives; and
  • Increases labor protections and enforcement.

About NDRN

NDRN is a nonprofit membership organization for the federally mandated Protection and Advocacy (P&A) Systems and Client Assistance Programs (CAP) of each state for people with disabilities. Collectively, the P&A/CAP network is the largest provider of advocacy services to people with disabilities in the United States. The Ohio Legal Rights Service is a member of NDRN.

Read the full report: Segregated and Exploited: A Call to Action (PDF file)

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News from Ohio Legal Rights Service
Advocating for Individual Choices for Employment Opportunities

Being gainfully employed is important to people with and without disabilities. It is a means to accumulate wealth and possessions and a way to connect socially with others. For many, a job adds meaning and purpose to life.

Each person wants and deserves an equal opportunity to contribute to society; however, people with disabilities are all too often denied gainful employment in an integrated workplace.

Ohio spends millions of dollars each year on employment services for individuals with developmental disabilities. Unfortunately, the vast majority of that money is spent on segregated workshops, places that often do not offer meaningful work options and that do not have to pay a competitive or even minimum wage. In 2008, Ohio spent $488.4 million on services in sheltered workshops for 16,295 individuals, compared to $74.3 million on community employment services for 7,004 individuals. Proportionately, Ohio directed 83% of its employment services funding towards segregated workshops serving 70% of the individuals receiving employment services, and 17% of its funding toward integrated employment opportunities for 30% of the individuals receiving employment services.

These figures tell us that Ohio is able to support more individuals in community employment with less funding. Ohio could serve even more individuals who want to work in jobs in the community making a fair wage using the same dollars it currently spends on all employment services.

Ohio must reverse the way it spends money on employment services. Individuals with disabilities and their families need to speak up and advocate for integrated and competitive employment choices. They must ask their schools to make real plans to help them transition from school to work. They must contact the Ohio Rehabilitation Services Commission at (800) 282-4536 and apply for vocational services. They must advocate for employment services at the county board of developmental disabilities that are individualized to their abilities, their dreams, and not limited artificially by established programs such as sheltered workshops.

LRS Assists with Employment Rights and Protections

LRS provides a wide-range of assistance and legal advocacy in employment situations. LRS can assist people with disabilities by:

  • Helping obtain services to return to work through the Bureau of Vocational Rehabilitation or Bureau of Services for the Visually Impaired.
  • Assisting in overcoming barriers to obtain meaningful competitive employment.
  • Investigating employment discrimination and advising on how to proceed with an employment discrimination claim.
  • Negotiating with an employer to provide a reasonable accommodation.
  • Assisting in filing a charge with the Equal Employment Opportunity Commission or the Ohio Civil Rights Commission and providing guidance throughout the process.
  • Advising Social Security beneficiaries on how income will impact their benefits.

Contact LRS at (800) 282-9181 or TTY (800) 858-3542 if you believe you are not getting the support you need to make your own choices about work.

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Keys to Housing Options Conference

The Keys to Housing Options Conference will be held November 8 - 9, 2011 at the Hyatt Regency Hotel in Columbus, Ohio. This is ODDC's Annual Conference and is co-sponsored with the Ohio Olmstead Task Force and Ohio HomeChoice.

The following are conference highlights:

  • Learn new and important information about living in a home of your choice, including how to advocate for more safe, affordable, accessible housing in your community.
  • Workshops will cover many topics, such as learning about support programs, preparing for emergencies, connecting with the community, understanding rights and responsibilities and more.
  • Featured speakers are Al Condeluci, Derrick Dufresne, Eleanor Smith and panels of people with disabilities. See the conference brochure for a complete list of workshops and details about the speakers.
  • Scholarships will be available for people with disabilities, attendants and family members.

Deadline to register is October 31. Space is limited so register now! For more information and to register: Housing Conference Brochure (PDF file)

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DD Quarterly Collaboration

The DD Quarterly newsletter is an ongoing collaboration among the Ohio Developmental Disabilities Council, Ohio Legal Rights Service, the Nisonger Center and the University of Cincinnati, University Center of Excellence in Developmental Disabilities.

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Contact Information

DD Quarterly is produced by the Ohio Legal Rights Service. To share your comments or suggestions about the newsletter, or to sign-up to receive email notification when the DD Quarterly is published, contact:

Ohio Legal Rights Service
Attn: Kim McConnell
50 W. Broad Street, Suite 1400
Columbus, Ohio 43215
Voice: (614) 466-7264 or (800) 282-9181
TTY: (614) 728-2553 or (800) 858-3542
Fax: (614) 644-1888
Email: Newsletter@olrs.state.oh.us

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About ODDC

The Ohio Developmental Disabilities Council is a group of 35 people, appointed by the governor, who plan and advocate for Ohioans with disabilities. ODDC receives federal funds and distributes those funds by awarding grants for projects and activities that create visions, influence public policy, pilot new approaches, empower individuals and families, and advocate system change. Contact information for ODDC is: 899 E. Broad Street, Suite 203, Columbus, OH 43205, Voice phone: (614) 466-5205 (800) 766-7426 (Toll free in Ohio); TTY: (614) 644-5530; Fax: (614) 466-0298; Web site: www.ddc.ohio.gov

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