News from LRS - November 2010

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:

Complaint results in educational services to students at juvenile facilities
LRS wraps up 2010 voting advocacy
Be prepared for winter emergencies
Online complaint database created
LRS monitors improvements to special education system
Action and results: Case summaries
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Complaint results in educational services to students at juvenile facilities

In response to a complaint filed by the Children's Law Center and LRS, the Ohio Department of Education (ODE) issued a letter of finding stating that three Ohio school systems have violated federal law by denying educational services to students with learning disabilities while at county operated juvenile detention facilities. ODE ordered the school districts to provide compensatory education for failing to implement a student's Individualized Education Program during detention in a juvenile justice facility. ODE also ordered a systemic review to determine whether other similarly situated students' Individuals with Disabilities Education Improvement Act rights are being violated.

Read the letters of findings:

LRS wraps up 2010 voting advocacy

In preparation for the November 2010 election, LRS conducted advocacy and outreach activities designed to inform people with disabilities about the voting process and their voting rights.

Several months prior to the election, staff from LRS conducted voter education trainings throughout the state for people with disabilities living in nursing homes or working in county boards of developmental disabilities workshops. The trainings focused on voting rights, information about voter registration, absentee voting and the process for voting at the polls. Nearly 1,800 people from 40 counties participated in the trainings.

LRS also hosted an initial Project Vote workshop for self-advocates. This two-day, nationally recognized interactive training was designed by people with cognitive disabilities to teach people with disabilities about their voting rights and to empower them to become Project Vote trainers. LRS organized and funded three subsequent trainings using the newly-trained self-advocates as the trainers.

For more information about these trainings, read articles from the July 2010 newsletter and the August 2010 newsletter.

Assessing polling places

Teams of LRS staff assessed the accessibility of 103 polling places in two counties using the U.S. Department of Justice's Polling Place Accessibility Check List. The teams found the majority of the polling places compliant with accessibility standards and identified four polling locations that had substantial accessibility problems.

LRS staff contacted the county board of elections (BOE) asking for corrective action to make the four locations accessible. The BOE indicated they would remedy the problem areas prior to the November election. On election day, LRS staff surveyed the four polling locations and found the polls were in compliance with legal requirements.

Voter hotline

On election day, LRS conducted a voting hotline from 6:30 a.m. to 7:30 p.m. to answer questions and resolve issues of Ohioans with disabilities experiencing difficulty voting. LRS attorneys staffing the hotline provided technical assistance to callers, in such areas as the right to vote if a person has a guardianship; a hospital patient whose voting address is in a county different from that of the hospital; and the right of a voter to use a signature stamp when signing the poll book.

Protecting voter rights and informing people with disabilities about the electoral process is a priority for LRS. For more information about this priority see LRS' Full Participation Priority. Additional information about voting is available in LRS' Voting section.

Be prepared for winter emergencies

Winter is quickly approaching — are you ready if a winter weather emergency strikes? Loss of heat, power and communication services, sometimes for days at a time, often happen during a winter weather emergency. It's important to be prepared before an emergency occurs, especially for people with disabilities. Taking the time to prepare now can be a lifesaver when an emergency happens later.

Make a plan

When developing your emergency plan, consider all the strategies, services, devices, tools and techniques you use on a daily basis. This might include medications, durable medical equipment, medical supplies, special diet supplies, a service animal, assistive technology, communications tools, disability service providers, accessible housing, transportation and health-related items. In addition, the Federal Emergency Management Agency (FEMA) urges you to:

Make prior arrangements with your physician or check with your oxygen supplier or medical equipment supplier about emergency plans related to respirator use or other electric powered medical equipment.
Have electrical backup for medical equipment.
Develop a back-up communications plan in case land lines are disrupted by having a charged cell phone or a pager.
Maintain a two-week supply of medications, both prescription and non-prescription.
Have copies of your medical records, prescriptions and medical needs readily available.
Have extra contact lenses, eyeglasses and batteries for hearing aids.
Find where your neighborhood shelter is and whether it can accommodate your needs.
Establish a nearby network of people who can be a part of your care and communication.

Make an emergency supply kit

An important part of the plan is to have an emergency supply kit fully stocked and available at all times. The kit should include everything you need for your daily living and medical needs in case you are not able to leave your home or are moved to a shelter. Examples of items for your kit include a week's supply of food and water, a battery or hand crank powered radio, extra flashlights and batters, first aid supplies, medical supplies and warm clothing and blankets.

For more information on how to develop your emergency plan and kit:

Online complaint database created

The general public can now search an online database of information about complaints made against local school districts that have not complied with federal and state laws governing the education rights of Ohio students with disabilities. This database is a result of a Consent Order from a partial settlement in the federal class action lawsuit filed by LRS, Doe v. State of Ohio, that benefits children with disabilities in Ohio's schools.

The State of Ohio is responsible for ensuring the provision of a free appropriate public education (FAPE) for all eligible children ages three through twenty-one in the least restrictive environment (LRE) according to the Individuals with Disabilities Education Improvement Act (IDEA) and Ohio law. A FAPE must be provided in the LRE, individually tailored to meet the unique needs of each child with a disability and documented in each child's written Individualized Education Program (IEP).

ODE is ultimately responsible for ensuring that each educational agency in the state is in compliance with the provisions of the IDEA and must monitor and enforce compliance of local public agencies with federal and state special education laws. This responsibility includes the operation of an effective complaint system to respond to allegations of violations of the IDEA committed by local educational agencies. If the local educational agency is unwilling or unable to comply with the IDEA, ODE must provide services directly to the student.

Complaint database

Consistent with the Doe Consent Order requirements, ODE has established an online complaint database. This database, updated monthly, provides the public with information regarding complaint investigations since March 1, 2010. The complaint database includes letters of findings corresponding to specific complaints. Each letter provides the name of the district, the issues investigated, facts determined in the investigation, conclusions ODE reached regarding the complaint, and any corrective action the district was required to complete as a result of the investigation. To access the database, go to ODE's website: Complaint and Due Process Databases

Filing complaints

Anyone having knowledge of an educational agency's violation of the IDEA can file a complaint with ODE within one year of the violation.

To file a complaint with ODE: Mediation, Complaints and Due Process

For additional guidance and procedures about formal written complaints: Procedural Safeguards - 5.12 State Complaint Procedures

LRS monitors improvements to special education system

ODE, as a result of the Doe Consent Order, is making changes to its system that monitors and enforces compliance of local educational agencies with federal and state special education laws. LRS staff recently met with Kathe Shelby, director of ODE's Office for Exceptional Children to discuss these changes. The Consent Order is the result of a partial settlement in Doe v. State of Ohio, a class action lawsuit filed by LRS that benefits children with disabilities in Ohio's schools.

Data collection

ODE is required to annually collect special education State Performance Plan data from local school districts and report those data to the federal Office of Special Education Programs. Information on important indicators, such as least restrictive environment, identification of students with disabilities, training and transition are included in the data collected. The data are analyzed to determine performance and compliance with the Individuals with Disabilities Education Improvement Act (IDEA). ODE has reorganized these indicators and imposed stronger sanction provisions to ensure proper reporting.

In one indicator area, post-secondary transition planning, ODE now reviews transition plans when compliance issues arise. Examples of transition compliance issues are measurable Individualized Education Program goals, age-appropriate assessments, services and courses of study. Regional State Support Teams (SSTs) will also identify a single point of contact to address local transition compliance issues.

Increase monitoring capacity

In addition, ODE is working to increase its capacity to monitor and ensure local compliance with the IDEA. ODE plans to:

conduct selective annual reviews where ODE staff will undertake intensive ongoing monitoring of Ohio's largest or most non-compliant districts;
increase on-site visits to districts where systemic compliance issues have been reported through the state complaint procedures or through the monitoring system; and
require all districts to report on all of the compliance indicators.

On-site visits will now include parent and school staff interviews, records reviews, data verification and assistance from SSTs for districts to come into compliance.

Performance Profiles

ODE has created Special Education Performance Profiles and summary reports to local school districts. The annual reports will provide a centralized system for districts to summarize progress made during the previous year and include findings of any IDEA noncompliance issues. The reports will focus primarily on continuous improvement tools to target areas in need of improvement, ensuring timely corrections, and helping local school districts better link performance indicators to the actual experiences of students with disabilities. Go to ODE's website to review the District-Level Performance Data.

Accommodation allows safe access to mailbox

Retrieving mail from a mailbox across the road from his home will soon not pose serious safety concerns anymore for an LRS client who has limited mobility. A decision made by the United States Postal Service (USPS) will allow him to install a mailbox in his driveway.

The client contacted LRS after his request for an accommodation was denied by the local postmaster who reasoned that the accommodation was dangerous for the mail carrier and not necessary. After attempts to negotiate with the local postmaster and the USPS district operation manager were unsuccessful, LRS contacted USPS' national consumer advocate office. LRS negotiated with their legal counsel who agreed the accommodation should be granted.

LRS' intervention avoids state hearing; Client given approval for surgery

LRS successfully represented a client who requested prior authorization from his Medicaid Managed Care Plan, Caresource, for a surgical procedure, but the original request was denied on the basis that it did not meet their policy of medical necessity. However, the client needed the surgery to correct issues that were affecting his mobility and ability to perform daily living activities.

The client contacted LRS and requested representation at a state hearing for his appeal of Caresource's decision. LRS worked with the client and his physicians to gather documentation and evidence for the state hearing. Caresource reviewed this additional information prior to the hearing and reversed its decision and approved the surgery. The client dismissed the state hearing request and will have the surgery.

Negotiation results in approval for emotional support dog to live in group home

A support dog was prescribed to a client who lives in a group home. However, her landlord would not give approval to bring the support dog into the home. LRS was contacted by the client and negotiated a resolution with the landlord. The client was granted permission to bring her emotional support dog into the home.

We want to hear from you!

"News from Legal Rights Service" is LRS' monthly newsletter designed to provide information and updates about case work and activities of LRS, and other disability-related news. We want to know if you find our newsletter easy to read and informative. We value your opinion and are interested in your feedback. Email your comments to drcohio@olrs.state.oh.us.

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