LRS Newsletter - June 2011

News from Legal Rights Service is LRS' monthly newsletter providing information and updates about case work and activities of LRS, and other disability-related news.

In this issue:

LRS works to enforce community integration
LRS and other P&As attend national training conference
LRS assists with accessing assistive technology
LRS provides answers to questions about service dogs in school
Action and results: Case summaries
Are you able to access emergency weather bulletins?

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LRS works to enforce community integration

Community integration is an important part of Ohio Legal Rights Service's (LRS) advocacy work and is one of the agency's top priorities. LRS enforces the right under the Americans with Disabilities Act (ADA) to receive services in the most integrated setting appropriate to individuals' needs. LRS staff members work to ensure that people with disabilities have choices about living in integrated community settings by advocating with them to receive services that support them to live in their own home and to pursue employment and education of their own choosing.

In addition to representing individuals in community integration cases, LRS reviews and comments on proposed rules from state and federal agencies that may impact the choice of living in the community, or place people at risk of institutionalization, discrimination or segregation.

In June, LRS submitted comments to the Ohio Department of Aging (ODA) on its draft State Plan for the federal fiscal year of 2012-2013. Although LRS stated that there were parts of the plan that the agency supported, the ODA did not do enough to provide seniors and people with disabilities the services needed to create the settings appropriate for a person's individual needs under Title II of the ADA. LRS recommended that ODA promote cost-effective and preferred community based services and promote existing models of community integration. LRS further recommended that ODA stop segregating people with severe mental illness by prohibiting the use of behavioral units in nursing homes, especially locked units, currently used instead of providing appropriate treatment. LRS encouraged the Department of Aging to work with the Department of Mental Health to fund effective treatment programs and housing, and stop segregating and isolating people who are in need of appropriate resources.

LRS also submitted comments to the Centers for Medicare and Medicaid Services (CMS) on proposed rules revising the regulations implementing Medicaid home and community based services (HCBS) waivers under 1915(c) of the Social Security Act. LRS commended CMS for taking strong positions on the types of settings which cannot be considered home and community based; the use of person-centered approaches and processes; and a more transparent waiver process for interested stakeholders. LRS stated that the changes support the intent of HCBS waivers to provide services in the most integrated setting. Ending the use of 1915(c) funding that created and maintained segregated settings further supports community integration.

Celebrating community integration

During this year's anniversary of a landmark community integration decision, often referred to as "Olmstead," President Obama invited Lois Curtis, one of the original plaintiffs of the case, to commemorate the twelfth anniversary of this momentous decision. Presenting the President with a hand-crafted painting, Curtis shared her remarkable journey from living in institutions since the age of 13 to having a home of her own and a successful career as an artist. Without a favorable decision, her life would not have turned out this way.

The Olmstead decision is truly a landmark ruling that has affected so many lives, but one begs to wonder: why do we always talk about "Olmstead" who was the Georgia official who wanted to keep Ms. Curtis and her co-plaintiff Elaine Wilson in institutional care? Instead, why isn't the decision referred to as the names of the two women who initiated the case?

What do you think? Go to the "Discussions" section on LRS' Facebook page and tell us what you think. Please note: To post your opinion, you must "Like" our Facebook page.

Justice Department provides technical assistance resources

Recently, the DOJ released a new technical assistance document describing public entities' obligations and individuals' rights under Title II of the ADA. The DOJ also launched a new section on its ADA website, providing information and resources about the Olmstead decision and its enforcement; easy access to ADA technical assistance materials and settlement agreements; and links to other sites with ADA information.

LRS and other P&As attend national training conference

Ohio Legal Rights Service (LRS) is a member of National Disability Rights Network (NDRN), 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 legally based advocacy services to people with disabilities in the United States. NDRN provides training to P&As, including its annual national conference.

LRS joined over 400 disability rights advocates and attorneys from every state and U.S. territory P&A at the 2011 conference. The five-day event gave participants the opportunity to better understand the legal issues surrounding laws that affect people with disabilities and learn new and innovative ways to help improve the lives of people with disabilities.

Conference break-out sessions focused on, but were not limited to a wide range of subjects such as the restraint and seclusion, judicial system, hospital management, correctional facilities and health and human services. LRS staff noted some sessions of particular interest, such as those focusing on community integration and P&A collaboration efforts with the U.S. Department of Justice.

The 2011 NRDN Annual Conference proved to be beneficial by helping P&As learn about new and innovative ways to help improve the lives of people with disabilities. LRS staff concluded that meeting people from different states who share the same mission was invigorating and the information shared helped broaden their perspectives to new ideas and possibilities to achieve LRS' mission to protect and advocate, in partnership with people with disabilities, for their human, civil and legal rights.

LRS assists with accessing assistive technology

Under the Technology Related Assistance for Individuals with Disabilities Act, the Ohio Legal Rights Service (LRS) assists individuals with disabilities and their family members in accessing assistive technology devices and services through legal representation and self advocacy.

The Ohio Department of Developmental Disabilities (DODD) recently issued a letter to provide guidance for county boards of DD to use in determining when electronic devices may be purchased with waiver funds. The letter includes criteria for county boards to use and also states that items may be excluded that are not of "direct medical or remedial benefit to the individual."

LRS is aware of at least one situation where a county board established a general rule that the county will not purchase any electronic devices with waiver funds through the Individual Options (IO) and Level I waivers. If you requested an electronic device or other type of assistive technology through a home and community based waiver, and were denied because it is not a direct medical or remedial benefit to you or for any other reason, please contact the LRS Intake Department for possible assistance.

LRS provides answers to questions about service dogs in school

What is a service dog? What does a service dog do? Are there laws about using a service dog in school? LRS answers these questions and more in the latest in its series of special education frequently asked questions (FAQ), "Use of Service Dogs in School."

Service dogs provide assistance to students with a variety of disabilities, including sight, hearing, autism, seizures, traumatic brain injury and mobility. The FAQ provides answers to inform and educate on the rights and responsibilities to have a service dog for both the student and the school.

Read the FAQ: Use of Service Dogs in School

Read more special education FAQs written by LRS: Frequently Asked Questions about Special Education

Parents advocate for district to honor student's ESY services agreement

A school district agreed to provide Extended School Year (ESY) services to allow a student to finish classes through the school's online education system. The student's evaluation team had agreed to provide the ESY services; however, the regular Individualized Education Program (IEP) team had not signed the agreement.

LRS advised the parents of the student to request an IEP meeting to discuss how the ESY accommodation afforded the student a free appropriate public education (FAPE) as required by the Individuals with Disabilities Education Improvement Act (IDEA). LRS also discussed mediation and due process hearing options with the parents. Using this knowledge, the parents sent the school district a letter and the issue was resolved.

LRS' intervention helps client maintain independence

Maintaining an independent, community integrated lifestyle is possible for an LRS client after his insurance company granted authorization to replace his power wheelchair.

Unable to attend his doctor appointments after his electric wheelchair broke, the client contacted his Medicaid Managed Care Program insurance company for a replacement. His request was denied and subsequent appeals were not answered. The denial was based on a policy that wheelchairs could only be replaced after five years and would have to be repaired instead. However, the cost of the repair would cost much more than it would to replace the wheelchair.

The client contacted LRS for assistance. LRS convinced the client's insurance company to reverse its prior denial decision and provide the client with a new power wheelchair.

Student receives supports to stay in school

A student with a learning disability was not receiving the appropriate services to attend school because of paperwork issues related to transferring from one school district to another. Although an Individualized Education Program (IEP) was established by the previous school district, it was not followed by the new district.

LRS negotiated with school district officials to initiate a Multi-factored Evaluation (MFE) to determine whether the student is eligible for special education, write a 504 plan to outline the modifications and accommodations that will be needed for the student to succeed until testing is completed, and provide 30 hours of summer school.

Are you able to access emergency weather bulletins?

The Federal Communications Commission (FCC) issued a memo reminding video programming distributors (VPD) of their obligation to make emergency information accessible to people with hearing and vision disabilities. This includes broadcasters, cable operators, satellite television services and other distributors of video programming. Included in the memo is how consumers can register a complaint if they find that information is not being provided to them in an accessible format.

How to file a complaint

If you have a complaint about inaccessible emergency information, the FCC recommends that you contact the VPD directly first. If that doesn't work, you can file a complaint with the FCC. Your complaint should include:

The name of the VPD;
The date and time of the transmission of emergency information that was in a format not accessible to you; and
The type of emergency.

Submit your complaint by mail, fax, telephone, email, audio-cassette recording, Braille or any other method to:

Federal Communications Commission
Consumer and Governmental Affairs Bureau
445 12th Street, SW
Washington, DC 20554
Phone: 1-888-225-5322 (voice); 1-888-835-5322 (TTY)
Email: fccinfo@fcc.gov
Online form: File a Complaint
Fax: 866-418-0232

For more information, read the following from the FCC:

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