DISABILITY DISCLOSURE · 2009. 12. 24. · The 411 on Disability Disclosure 1-1 The purpose of Unit...

THE

ON411DISABILITYDISCLOSURE

A W O R K B O O K F O R Y O U T H W I T H D I S A B I L I T I E S

Introduction

iThe 411 on Disability Disclosure

The National Collaborative on Workforce and Disability for Youth(NCWD/Youth) is composed of partners with expertise in

disability, education, employment, and workforce developmentissues. NCWD/Youth is housed at the Institute for EducationalLeadership in Washington, DC. The Collaborative is charged with

assisting state and local workforce development systems tointegrate youth with disabilities into their service strategies.

Funded under a grant supported by the Office of DisabilityEmployment Policy of the US Department of Labor,

grant # E-9-4-1-0070. The opinions contained in this publicationare those of the grantee/contractor and do not necessarily

reflect those of the US Department of Labor.

This document was developed by TransCen, Inc. for the National Collaborative on Workforce and Disability for Youth.

Information on TransCen, Inc. can be found athttp://www.transcen.org/.

Individuals may reproduce any part of this document. Please credit the source and support of federal funds.

The suggested citation for this guide is as follows:

National Collaborative on Workforce and Disability for Youth. (2005). The 411 on Disability Disclosure Workbook. Washington, DC:

Institute for Educational Leadership.

Information on the Collaborative can be found athttp://www.ncwd-youth.info/.

Information about the Office of Disability Employment Policy canbe found at

http://www.dol.gov/odep/.

Information is also available athttp://www.disabilityinfo.gov/,

the comprehensive federal websiteof disability-related government resources

ii

Introduction

The 411 on Disability Disclosure

Introduction

iiiThe 411 on Disability Disclosure

Introduction ............................................................................................................v

Unit 1: Self-Determination — the BIG Picture ..................................................1-1

Unit 2: Disclosure — What Is It and Why Is It So Important? ......................2-1

Unit 3: Weighing the Advantages and Disadvantages of Disclosure..........................................................................................3-1

Unit 4: Rights and Responsibilities Under the Law ..........................................4-1

Unit 5: Accommodations ....................................................................................5-1

Unit 6: Postsecondary Disclosure — Why, When, What, to Whom, and How? ..............................................6-1

Unit 7: Disclosure on the Job — Why, When, What, to Whom, and How? ..............................................7-1

Unit 8: Disclosure in Social and Community Settings — Why, When, What, to Whom, and How? ..............................................8-1

Glossary ..............................................................................................................G-1

WORKBOOK CONTENTS

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iv

Introduction


This workbook provides the expertise

about disclosing a disability, and you

provide the expertise about yourself.

Introduction

vThe 411 on Disability Disclosure

W hen you opened this workbook,you made an important decision!You made a decision to learn

about disability disclosure and what it canmean for you. This workbook provides theexpertise about disclosing a disability, andyou provide the expertise about yourself. Thisworkbook does not tell you what to do.Rather, it helps you make informed decisionsabout disclosing your disability, decisions thatwill affect your educational, employment, andsocial lives. In fact, making the personaldecision to disclose your disability can lead togreater confidence in yourself and yourchoices. Disclosure is a very personal decision,a decision that takes thought and practice.Both young people with visible disabilitiesand those with hidden (not readily apparentto others) disabilities can benefit from usingthis workbook.

This workbook is for you if

• you want to understand yourself better;

• you want to understand your disabilitybetter;

• you want to explain your disability better toothers;

• you are deciding whether or not to discloseyour disability;

• you have decided to disclose your disabilitybut feel unprepared or uncomfortable withthis challenge;

• you wonder if disclosing your disabilitycould improve your educational, employ-ment, and social lives.

The ultimate goal is for you to make aninformed choice about disclosing yourdisability. Remember, this decision maychange based on the particular person,situation or setting, and need foraccommodations. Trust your instincts! Theworkbook introduces numerous examples ofother young people struggling with thequestion of “to disclose” or “not to disclose.”If you decide to disclose your disability, webelieve this “how to” workbook offers you theinformation and practice opportunities youwill need to learn how to disclose mosteffectively. ENJOY!

INTRODUCTION

vi

Introduction


E ach unit contains a general statement of purpose, useful terminology, adiscussion section, and activities to

allow you to understand and practice theideas presented throughout the unit. As youmove through each unit, you will gain theinformation necessary to make an informeddecision about disclosure. We encourage youto complete the units in order, as theinformation in each unit is dependent on theinformation in previous units.

There is a sizeable amount of information toprocess and it may take several weeks to getthrough all of the units. It is important tobecome comfortable with many of theconcepts, especially self-determination andinformed choice, before moving on to otherunits concerning issues such as rights and

responsibilities and accommodations. Whilemost of the activities can be completedindividually, some of the activities are meantto be completed in a small group. Make sureyou surround yourself with people you trustand who know you and your strengths.

The following units provide activities to helpyou make some very important disclosuredecisions such as the following:

• Should I disclose?

• If I decide to disclose, who is an appropriate person to tell?

• When should I disclose?

• How much should I disclose?

• What should I disclose?

SUGGESTIONS FOR USE

1-1The 411 on Disability Disclosure

T he purpose of Unit 1 is to introduce you to the process and the value of self-determination:making informed decisions through reflecting on and building on your strengths.Terminology provided in this unit will help you better understand the topic of self-

determination. A questionnaire will help you examine your strengths in the area of self-determination and to consider some skills you would like to enhance. We strongly suggest thatyou read the discussion section on page 1-3.

Y ou may know some of these words already, or you may have just heard them in passing.First, define these words as you understand them. Then, check your definitions against theglossary located in the back of this workbook. Here are the terms used in Unit 1:

Accommodation ______________________________________________________________________

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Goals (long-term and short-term) ______________________________________________________

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PURPOSE

Unit 1: Self-Determination…the BIG Picture

Accommodation

Informed choice

Self-determination

Goals (long-term and short-term)

Respect

Values

TERMINOLOGY X

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UNIT 1: Self-Determination…the BIG Picture


Informed choice ______________________________________________________________________

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Respect ______________________________________________________________________________

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Self-determination____________________________________________________________________

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Values ______________________________________________________________________________

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NOTES

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O ne of the key ways that adults definethemselves and develop a sense ofidentity is through the many choices

they have made throughout their lives. Youngpeople as well as adults often struggle withthe responsibility of making good decisions,oftentimes without accurate and completeinformation.

Teenagers make important choices such aschoosing a part-time job, deciding whichclasses to take, selecting someone to date, anddeciding what to do in their free time. Thesedecisions aren’t always easy. Although someof these decisions may only have short-termeffects, other decisions will affect your life inthe long term. You will make some of thesedecisions on your own, while you’ll makeother decisions in partnership with parents,friends, teachers, or advisors. Remember thatsome decisions must be made without havingall of the necessary information available. Notall decisions can be well supported, but it’simportant to try to make the most informeddecision.

Youth are rarely taught about informedchoice while in high school. Informed choiceis the process of making a decision afterconsidering relevant facts and weighing thepros and cons (positives and negatives) ofthe decision. Making informed choices is askill that must be practiced, encouraged,reflected upon (or thought about), and thenpracticed some more in order to be acquired.This process requires you to collectinformation before making a decision. Youmay be given information or you mayresearch information on your own (perhapsby going online or talking to people).

Informed decision-making is a skill that youwill benefit from many times in your lifewhen you are required to make crucialdecisions.

Self-determination is the desire, ability, andpractice of directing one’s own life. It isoften referred to as “The BIG Picture”because it has so much to do with the personyou are and the person you want to be. Youcan think of it as an umbrella that covers thevery important and personal matters thatmake up you. A self-determined person canset goals, make decisions, see options, solveproblems, speak for him or herself,understand required supports, and evaluateoutcomes (Martin & Marshall, 1996). Being aself-determined person helps you to makeimportant choices and informed decisions inyour life based on your abilities, interests, andattitudes. Self-determined people acceptthemselves, respect themselves, and valuethemselves for who they are and what theyhave to offer to others.

When people are self-determined, they canmore easily identify their short-term and long-term personal goals. Sometimes short-term

DISCUSSION

Self-determination is the desire,

ability, and practice of directing

one’s own life. It is often referred

to as “The BIG Picture” because

it has so much to do with the

person you are and the person

you want to be.

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goals are steps you take to get to your long-term goal. In addition, self-determinedindividuals understand that some personalgoals (whether short-term or long-term) canbe reached independently, while alsorecognizing that all people seek out others tohelp them achieve all their goals. Self-determination empowers people to seekassistance when needed.

One important decision that many youngpeople face is whether or not to disclose theirdisability. The decision to disclose a disabilitybelongs solely to the person with thedisability. Disability disclosure is a verypersonal choice and should definitely be aninformed choice. If you have a disability, thereare no requirements that you disclose yourdisability to anyone at any time, but in orderto receive accommodations at work or inschool, you must disclose.

If you do not require accommodations, it isgenerally not necessary to disclose. A self-determined person with skills in makinginformed choices will be better equipped to

make this important decision about disclosureafter trying some of the strategies likeweighing the pros and cons and consideringall the facts. If you decide to disclose yourdisability after thoughtful reflection on thesubject, it is important to practice disclosingeffectively with people whom you respectand trust, and who know you and yourstrengths well.

It’s not easy to share information about yourdisability with others. This workbook wascreated to help you make an informeddecision about whether or not to discloseinformation about your disability and toprepare you to disclose information aboutyourself and your disability in an effectivemanner if necessary.

Complete the questionnaire on the followingpage to see just how much you know aboutyourself and your disability. Your answers canlead to an interesting discussion about yourstrengths and limitations, and how toaccentuate and improve your skills in certainareas.`SELF-DETERMINATION

Setting long-term and short-term goalsAchieving goals

Making informed decisions independentlyMaking informed decisions with others

Knowing when to seek help

Understanding my strengthsDescribing my strengths to othersUnderstanding my disability and limitationsDisclosing (or not) my disability to othersDescribing my disability to othersKnowing which accommodations are effective

in school and at work


Complete the questionnaire below. For each question, check the box (Yes, Sometimes, or No) that best describes yourself

Questions YES SOMETIMES NO



ACTIVITY:JUST WHAT DO YOU KNOW ABOUT YOURSELF AND YOUR DISABILITY?

1. Do you know what you do well in school?

2. Do you know what you do well outside of school?

3. Can you easily explain your skills and strengths to other people?

4. Do you know how you learn best?

5. Do you inform your teacher how you learn best?

6. Do you inform your employer how you learn best?

7. Do you ask for help when you need it?

8. Do you take responsibility for your own behavior?

9. Do you feel proud of yourself?

10.Do you set long-term and short-term goals foryourself?

11.Do you create lists for yourself to help you achieveyour goals?

12.Are you present at your own IEP or 504 meetings?

13.Do you participate in your own IEP or 504meetings?

14.Do you disclose your disability to others?

15.Do you like the reaction you get when you informsomeone about your disability?

16.Do you practice disclosing your disability toothers?

17.Do you describe your disability differentlydepending on the setting or the people?

18.Are there times you choose not to tell someoneabout your disability?

19.Do you know what “reasonable accommodation”means?

20.Do you know what accommodations you need inschool in order to be successful?

21.Do you know what accommodations you need onthe job in order to be successful?

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If you answered YES to many of thequestions, you should be very proud ofyourself! You definitely have a good sense ofyourself and your disability. This meansyou’re on the road to being a very self-determined individual! Of course you realizethat there will always be room forimprovement. Reflect on the questions youanswered with a NO, and create some short-term goals designed to strengthen your areasof limitations.

If you answered SOMETIMES to many ofthe questions, you possess some very goodskills in understanding yourself and yourdisability, but you have some specific areasthat need to be developed. Once you haveidentified your strengths (the questions youanswered with a YES), list the other areas that

need work (the questions you answered with aNO) and prioritize them. Decide which areasof need are most important to focus on rightnow, and create some short-term goals tobegin to strengthen your weaker spots.

If you answered NO to many of thequestions, you are at the beginning stage ofunderstanding yourself and your disability.Take the next step and seek out others whomyou trust and who know you well; ask themto help you sort out your areas of strengthsand needs (you probably have more strengthsthan you realize). Share the results of thequestionnaire with these individuals and askthem for assistance in developing some short-term goals for the purpose of gaining a betterunderstanding of yourself.

NOTES

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22.Do you practice asking for the accommodationsyou need in school?

23.Do you practice asking for the accommodationsyou need on the job?

Questions YES SOMETIMES NO

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Areas of need can be turned into areas ofstrength if you make a conscious effortand understand that this

transformation won’t happen overnight. Lookover the results on the questionnaire anddetermine the areas you need to work on.Then develop three short-term goals thataddress these areas of need. Read the examplebelow before completing the activity.

Remember, the only goal you can’t achieve is the one you don’t attempt!

Example:If you answered NO to Question #1 (“Do youknow what you do well (what your strengthsare) in school?”), you may need to reflect onyour areas of strengths and get input aboutyour strengths from others who are familiarwith you, such as your friends, parents,coaches, teachers, and employers. Make a listof the strengths they mention and select threeof these strengths to develop goals around.

For example, Mira has identified her strengthsin the areas of math, computers, and art. Shehas also identified her area of need as explainingher disability.

Now, keeping these strengths in mind (forexample, math, computers, and art) answerthe following questions:

Question 1: How can I use my strengths toimprove my areas of need?

Answer #1: Mira has difficulty describing herdisability in writing or words (area of need), butshe can use her artistic abilities to explain herdisability through images. This would also showpeople that while she has a disability in some

areas, she still excels in other areas such as art.

Question #2: What short-term goals can Idevelop to highlight these strengths?

Answer #2: Mira can join an extracurricularactivity, such as the school newspaper orvolunteer to maintain the school website, ordesign sets for school plays.

Question #3: How can I use these strengthsto reach my employment goals?

Answer #3: She can research which careers needpeople with strong skills in math, computers,and art. She may look into the graphic artscareer field that interests her and highlights herskills. Maybe she can find a part-time job orinternship in an art store or informationtechnology firm.

Question #4: How can I use these strengthsto reach my social goals?

Answer #4: Mira would like to broaden hercircle of friends, but she finds it difficult to meetnew people. She will try to meet a few newpeople in her extracurricular activities and ather part-time job who have similar interests. Shecould also invite someone to an art exhibit.

Question #5: How can I use these strengthsto reach my academic/educational goals?

Answer #5: Mira wants to improve her gradesin English class this semester. She couldimprove her grade by talking to her teacherabout using her artistic or technical skills tosupplement her writing assignments or usingthese skills to aid in writing her finalassignment.

Now, you try:

ACTIVITY: SELF-DETERMINED SHORT-TERM GOALS

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List your strengths noted on the questionnaire and any other strength you have identified.

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Talk with others and list the strengths that they mention. ________________________________

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Select three of these strengths to focus on in this activity.

1. __________________________________________________________________________________

2. __________________________________________________________________________________

3. __________________________________________________________________________________

Focusing on these three strengths, answer the following questions:

Question 1: How can I use my strengths to improve my areas of need? ____________________

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Question #2: What short-term goals can I develop to highlight these strengths? ____________

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Question #3: How can I use these strengths to reach my employment goals? ________________

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Question #4: How can I use these strengths to reach my social goals? ______________________

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Question #5: How can I use these strengths to reach my academic and educational goals?____

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T he purpose of Unit 2 is to introduce you to the concept of disclosure. Terminologyprovided in this unit will help you better understand this topic. We strongly suggest thatyou read the discussion section on page 2-2.

Y ou may know some of these words already, or you may have just heard them in passing.First, define these words, as you understand them. Then check your definitions against theglossary located in the back of this workbook. The following terms are used in Unit 2:

Disclosure __________________________________________________________________________

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Sensitive information ________________________________________________________________

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Confidential ________________________________________________________________________

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PURPOSE

Unit 2: Disclosure…What Is It andWhy Is It So Important?

TERMINOLOGY

Confidential

Disclosure

Sensitive information

X

2-2

UNIT 2: Disclosure…What Is It and Why Is It So Important?


W hen you tell someone somethingthat was previously unknown,you are practicing disclosure.

Disclosure comes from the word “disclose,”which means to open up, to reveal, or to tell.The term “disclosure” is used in differentways by different groups of people. Forexample, if you want to buy a house and needa loan, or if you need a loan for your collegeeducation, you must disclose, or share, yourpersonal financial information with a loanofficer at the bank. This information mightinclude your income, savings and checkingaccount information, any property you own,any debt you have, and any other relevantfinancial information.

When you disclose, you are intentionallyreleasing personal information aboutyourself for a specific purpose. Somepersonal information, such as your SocialSecurity number, banking records, or medicalrecords may be important to keepconfidential. It is important to keep in mindthat your decision to disclose, is personal andshould be helpful to you. Remember that it isnot essential to divulge specific personalinformation about your disability. What ismost important and helpful is to provideinformation about 1) how your disabilityaffects your capacity to learn and performeffectively, and 2) the environment, supports,and services you’ll need in order to access,participate in, and excel in your job, studies,and community. You must decide what andhow much of this sensitive information isnecessary to reveal in order to obtain theneeded accommodations.

Here are some examples of disclosure. First,you might disclose your disability to a

potential employer in order to receive neededjob accommodations. Second, you mightdisclose your disability to new friends whohave invited you to a concert because youneed accessible seating close to the stage inorder to see. Third, you might disclose yourdisability to your track coach because yourmath tutoring sessions overlap with trackpractice after school. Fourth, if you areapplying for Social Security benefits, it iscrucial for you to have your personalinformation related to your disability in orderand ready to share with your benefitscounselor. This may mean having yourmedical records, educational records, andrecommendation letters organized. On theother hand, if you are applying for a disabledparking permit, you do not need to discloseall your medical and disability-relatedpaperwork, but you only need to have averification form completed by your medicaldoctor.

Let’s look at some examples in which anindividual made the informed decision todisclose his or her disability in order toreceive needed accommodations:

• Joe is deaf and will need an interpreter for acollege interview.

• Joan, who is on the track team, has insulin-dependent diabetes and might need the

DISCUSSION

One of the most personal decisions

you will make as a person with a

disability is whether or not to tell

someone about your disability.



E ffective disclosure occurs when you are knowledgeable about your disability and are ableto describe both your disability-related needs and your skills and abilities clearly.Answering the questions below will help you effectively disclose your disability should

the time come when you’ve decided disclosure is the best action.

Describe your disability-related needs: What needs related to your disability must beaccommodated in order for you to be successful? For example, Sally needs all the writtenmaterial at school and work to be in large print to accommodate her visual disability.

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ACTIVITY

help of her teammates if her blood sugar islow.

• Carlo, who has attention deficit disorder(ADD), needs directions in written formbecause he misses steps when they arepresented orally.

• Stephanie uses a wheelchair and has apersonal assistant, who helps her with filingpaperwork in vertical filing cabinets, tofacilitate her job as a chief financial officer.

• Colleen has schizophrenia (which is

currently controlled with medication) andneeds a private workspace or dividers inher work area to limit distractions and makeher time at work more productive.

• Justin is autistic and needs a highlystructured learning environment thatfocuses on his individual needs, whichinclude development of social skills,language, and self-help.

• Melanie has dwarfism and needs a lowerlocker at school.

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Describe your skills and abilities (think about what you do well at school, at home, at work,and in the community):

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Scenario: Jesse has chosen to share information about his disability with his mentor at themanufacturing plant. He has decided to tell his mentor, Joe, about his poor reading skills anddifficulty comprehending the new equipment training manuals. Jesse believes it is essential hetell Joe because he will need to miss work to attend training sessions that demonstrate use ofthe new equipment and verbally present the new information.

Now, think about what it is about yourself or your disability that may need to be revealed tothe following people AND why it would be important to reveal information to this personabout your disability:

College professor: ____________________________________________________________________

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Potential employer: __________________________________________________________________

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New friend: ________________________________________________________________________

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d. Community member (store owner, bank teller, police officer, etc.): ______________________

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e. Family member: __________________________________________________________________

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Disability support service worker or coordinator: ________________________________________

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NOTES 3

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NOTES

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T he purpose of Unit 3 is to help you determine the advantages and disadvantages ofdisclosing your disability. It is only after considering all of the options that you can makean informed decision. Terminology provided in this unit will help you better understand

this topic. We strongly suggest that you read the discussion section on page 3-3.

Y ou may know some of these words already, or you may have just heard them in passing. First,define these words as you understand them. Then check your definitions against the glossarythat is located in the back of this workbook. The following terms are used in Unit 3:

Advantages __________________________________________________________________________

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Disadvantages________________________________________________________________________

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Impact ______________________________________________________________________________

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Unit 3: Weighing the Advantages &Disadvantages of Disclosure

PURPOSE

TERMINOLOGY

Advantages

Disadvantages

Self-image

Impact

Self-advocacy

X

3-2

UNIT 3: Weighing the Advantages and Disadvantages of Disclosure


Self-image __________________________________________________________________________

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Self-advocacy ________________________________________________________________________

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NOTES

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Only you can decide whether or not youwill want to disclose your disability (orany other sensitive information) to

others. Read what one high school studenthad to say about the issue of disclosing adisability:

As with most important informed decisionsyou will make during your lifetime, there areboth advantages and disadvantagesassociated with the decision to disclose. Onthe one hand, disability disclosure can openup opportunities for you to participate inactivities that you may have avoided (or inwhich you have been unable to participate),and help you put into place a strong supportsystem. On the other hand, it’s downrightscary to tell someone something personalwhen there are no assurances that they willreact positively to your news.

What follows is a summary of advantagesand disadvantages to disclosure. This list is byno means exhaustive, but it may give yousome good information to think about.Remember, what may seem a disadvantage inone setting or situation may be an advantagein another.

Advantages of disclosure:• It allows you to receive reasonable

accommodations so that you can pursuework, school, or community activities moreeffectively.

• It provides legal protection againstdiscrimination (as specified in theAmericans with Disabilities Act).

• It reduces stress, since protecting a “secret”can take a lot of energy.

• It gives you a clearer impression of whatkinds of expectations people may have ofyou and your abilities.

• It ensures that you are getting what youneed in order to be successful (for example,through an accommodation or medication).

• It provides full freedom to examine andquestion health insurance and otherbenefits.

• It provides greater freedom to communicateshould you face changes in your particularsituation.

• It improves your self-image through self-advocacy.

• It allows you to involve other professionals(for example, educators and employmentservice providers) in the learning of skillsand the development of accommodations.

• It increases your comfort level.

Disadvantages of disclosure:• It can cause you to relive bad past

experiences that resulted in the loss of a jobor negative responses from your peers.

DISCUSSION

“I used to be ashamed about my

disability and the fact that I

couldn’t read very well or very fast,

but as I have gotten older, I know

that I need to explain how I work

and learn best to my boss. Now,

I feel like I am a good employee.”

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• It can lead to the experience of exclusion.

• It can cause you to become an object ofcuriosity.

• It can lead to your being blamed ifsomething doesn’t go right.

• It can lead to your being treated differentlythan others.

• It can bring up conflicting feelings aboutyour self-image.

• It can lead to your being viewed as needy,not self-sufficient, or unable to perform onpar with peers.

• It could cause you to be overlooked for ajob, team, group, or organization.

• Disclosing personal and sensitiveinformation can be extremely difficult andembarrassing.

Consider the list above and talk to peopleclose to you, such as friends (both with andwithout disabilities), teachers, mentors,coaches, parents, and others. First, decidewhether or not you will need reasonableaccommodation(s) in the classroom, on thejob, or elsewhere in your community. If youdo, of if you think you might, consider thepersonal advantages of disclosure.

Next, consider developing a personalphilosophy about disclosure. What does itreally mean to be a person with a disability?How does it affect your life? Only you cananswer that question, because even peoplewith the same disability feel differently andexperience things differently. Read belowabout one student’s philosophy on disclosure.

In the next unit, you will learn about how thelaw protects you if you choose to disclose.

“My work mentor really convinced me that having a learning disability is

nothing to be ashamed of. He made me realize that I’m not dumb, and I’m

not stupid. I’ve learned that you must be an advocate for yourself, otherwise

you get trampled. So, I go full force. It’s something I’ve always done in

my life; just get behind everything 110%. A cliche, but it’s because with my

disability I’ve always had to work harder, it seems, than everyone else.”



Read each scenario carefully. Discuss and list some of the advantages and disadvantages todisclosing the sensitive information in each scenario.

Scenario 1 (Employment): Liz is 16 years old and eager to get her first real job. She hasapplied for a position working with five- and six-year-old children in an after-school daycare program. The director of the program calls to tell Liz that she has the job and shewants Liz to come in and see her the next day. Liz wonders if she should tell the directorthat she was hospitalized after a seizure when she was 10 years old, but has not had onesince then. Liz participates in several in- and out-of-school activities, and gets regularcheck-ups with her doctor. Think about the impact of Liz disclosing her seizure to herpotential employer. What are the advantages or disadvantages of disclosing?

Advantages: ______________________________________________________________________

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Disadvantages: ____________________________________________________________________

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Scenario 2 (Postsecondary education): Calvin is extremely shy but excited about startingcollege. He is registering for his first semester of classes and realizes that all freshmen arerequired to take public speaking. Calvin stutters severely when he speaks, especiallyaround new people. Consider Calvin’s self-image and his concern about his stuttering.Would it be to Calvin’s advantage or disadvantage to disclose his disability to his potentialprofessors, classmates, and roommates?

ACTIVITY

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Advantages: ______________________________________________________________________

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Disadvantages: ____________________________________________________________________

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__________________________________________________________________________________

__________________________________________________________________________________

Scenario 3 (Social setting): Brandy has cerebral palsy and requires the use of a wheelchair.Brandy has been invited to a pool party by one of her classmates on the weekend. Brandycannot swim without help. If she goes to the pool party, someone will have to accompanyher in the water, and all her friends will see. Think about the impact of Brandy’s disclosingher disability to her friends. What are some of the advantages or disadvantages ofdisclosure?

Advantages: ______________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

Disadvantages: ____________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________



C omplete the matching activity below and reflect on how these famous people havesurpassed the expectations of others to become leaders in their fields. The followingfamous people are individuals diagnosed with specific learning and other disabilities.

Match each paragraph to the person it best describes. Write the letter of the correct person’s namein the blank to the left of the paragraph. The answers are provided at the end.

1. _____ I am currently a very popular movie star. Some of the movies I have starred in are “JerryMaguire,” “Top Gun,” and “The Last Samurai.” I learn my lines by listening to a tape because Ihave dyslexia.

2. _____ Fans remember me best for my performance in the movies “The Color Purple” and“Sister Act,” but I am also a comedian. I have struggled with a learning disability all my life.

3. _____ I was slow in school and had a hard time doing my work. I didn’t do anything well untilI realized a real strength of mine was drawing. I became a well-known cartoonist and movieproducer. Some famous amusement parks have my name.

4. _____ I have always had to deal with my disability. My weakest area has always been math.However, even though I cannot balance a checkbook, I have become a movie star and won anOscar for my lead in “Moonstruck.” My daughter, Chastity, has learning disabilities, too.

5. _____ When I was a child, an overseer struck me. The blow fractured my skull causing me tohave narcolepsy for the rest of my life. I rescued hundreds of slaves through the UndergroundRailroad.

6. _____ As a boy, I had such a severe stutter that, for eight years, I refused to talk and wasfunctionally mute. Today, I am the voice of CNN and Bell Atlantic. I am also known for being thevoice of Darth Vader in the original “Star Wars” movie.

7. _____ I love to write mystery stories and plays. One of my favorite plays is “The Mousetrap.”My learning disability is in the area of writing. My disability is so severe that I dictate my storiesfor others to type for me.

8. _____ I am the first hearing-impaired actress to win an Oscar. I won a 1987 Academy Award forBest Actress in “Children of a Lesser God.”

a. Thomas Edison

b. Agatha Christie

c. Albert Einstein

d. Whoopi Goldberg

e. James Earl Jones

f. Cher

g. Tom Cruise

h. Ann Bancroft

i. Walt Disney

j. Leonardo Da Vinci

k. Harriet Tubman

l. Marlee Matlin

m. Chris Burke

n. Lucille Ball

o. Carrie Fisher

ACTIVITY: FAMOUS PEOPLE MATCHING

3-8



9. _____ I always had trouble learning. My teachers said I was “obnoxious” and had “artistictalent.” During my lifetime, my artistic talent was expressed through architecture, painting,sculpture, and engineering. One of my best-known paintings is the Mona Lisa.

10. _____ I had to struggle in school with dyslexia. I was part of a polar expedition in 1986 andwas the first woman to reach the North Pole.

11. _____ My teachers thought I was slow and a dreamer. I didn’t learn to read until I was nine. Icouldn’t get into college until I spent an extra year in preparation. After many failed jobs, Ideveloped the theory of relativity.

12. _____ Because my head was very large at birth, people thought I was abnormal. My mothertook me out of school and taught me. As an adult, I created the electric light bulb and thephonograph.

13. _____ I was known as the “Queen” of physical comedy. I had severe rheumatoid arthritis as ayoung woman while working as a model. I went on to star and produce a hit comedy on televisionwith my husband Desi Arnaz.

14. _____ I was born with Downs Syndrome and the doctors told my parents that I should beplaced in an institution. My parents ignored the doctor’s advice and I grew up to be a televisionstar and public speaker on disabilities. I played Corky on “Life Goes On.”

15. _____ I was known for playing Princess Leia in the Star Wars series. I have a mental illnesscalled manic depression and now take daily medication to help me.

Adapted from Tools for Transition (1991). AGS American Guidance Service, Inc. Circle Pines, Minnesota 55014-1796. Permission to reproduce this form is hereby granted by the publisher.

Answers:

a. Thomas Edison

b. Agatha Christie

c. Albert Einstein

d. Whoopi Goldberg

e. James Earl Jones

f. Cher

g. Tom Cruise

h. Ann Bancroft

i. Walt Disney

j. Leonardo Da Vinci

k. Harriet Tubman

l. Marlee Matlin

m. Chris Burke

n. Lucille Ball

o. Carrie Fisher

1. g

2. d

3. i

4. f

5. k

6. e

7. b

8. l

9. j

10. h

11. c

12. a

13. n

14. m

15. o


T he purpose of Unit 4 is twofold: first, to provide you with an overview of how systems andprotective laws change when you leave high school and enter the “adult world;” andsecond, to provide you with a basic overview of the Americans with Disabilities Act and

how this law pertains to your life as a person with a disability. Terminology provided in this unitwill help you better understand these topics. We strongly suggest that you read the discussion onpage 4-3

Y ou may know some of these words already, or you may have just heard them in passing.First, define these words as you understand them. Then check your definitions against theglossary that is located in the back of this workbook. The following terms are used in Unit 4:

Accessible __________________________________________________________________________

____________________________________________________________________________________

Adult services ________________________________________________________________________

____________________________________________________________________________________

Unit 4: Rights & ResponsibilitiesUnder the Law

PURPOSE

TERMINOLOGY

Accessible

Adult services

CompensatoryStrategies

Disability (under the ADA)

Discrimination

Eligibility

Entitlement

Free appropriate public education

(FAPE)

Hidden disabilities

Visible disabilities

X

4-2

UNIT 4: Rights and Responsibilities Under the Law


Compensatory Strategies ______________________________________________________________

____________________________________________________________________________________

Disability (under the ADA)____________________________________________________________

____________________________________________________________________________________

Discrimination ______________________________________________________________________

____________________________________________________________________________________

Eligibility____________________________________________________________________________

____________________________________________________________________________________

Entitlement __________________________________________________________________________

____________________________________________________________________________________

Free appropriate public education (FAPE) ______________________________________________

____________________________________________________________________________________

Hidden disabilities __________________________________________________________________

____________________________________________________________________________________

Visible disabilities____________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

NOTES 3



H ave you ever broken a bone, had acast, or needed to use crutches, abrace, or a sling? What was it like for

you? What kind of help did you receive fromfriends, family, and teachers? Maybe peopleopened doors for you, helped you copy downyour homework, or provided extra time tocomplete assignments. Temporary conditionssuch as broken bones are short term andgenerally heal over time. A disability, on theother hand, is constant and life-long.

Some disabilities are visible which meansthey can be seen by others (for example, ifyou use a wheelchair or the service of a guidedog), while some disabilities are hidden (suchas learning disabilities, ADD/ADHD,epilepsy, depression, or bipolar disorder).Some people are born with disabilities whileothers acquire their disabilities later in life.

Believe it or not, the term “disability” is noteasily defined. Disability is defined one wayfor students up through twelfth grade, andin a different way for individuals inpostsecondary education and the workworld.

IDEA Definition of Disability: The Individuals with Disabilities EducationAct or IDEA defines “disability” for youngpeople up through twelfth grade. Further, theIDEA identifies 13 categories of disability.These federal categories help states todetermine who is eligible for specialeducation supports and services in publicschools.

The IDEA recognizes these 13 categories ofdisability:

Autism, Deaf-blindness, Deafness,Emotional disturbance, Hearingimpairment, Mental retardation,Multiple disabilities, Orthopedicimpairment, Other health impairment*,Specific learning disability, Traumaticbrain injury, Speech or languageimpairment, Visual impairmentincluding blindness

* Attention Deficit Disorder (ADD) or Attention DeficitHyperactivity Disorder (ADHD) as a primary disability is often

placed in this category of Other Health Impairment.

For more detail on the definition of eachcategory, seehttp://ericec.org/digests/e560.html.

In addition, the IDEA mandates that youngpeople with disabilities are entitled to a freeappropriate public education (FAPE). Thismeans that if you are receiving specialeducation services the services, supports, andaccommodations you need will be providedat no cost to you.

While you are in elementary or secondaryschool, a team of people works on your behalfto make sure that you receive the most

DISCUSSION

Disability is defined one way for

students up through twelfth grade,

and in a different way for individuals

in postsecondary education and

the work world.

4-4



appropriate education. At least once a year,this team (including you and your parents)meets to make sure that you are showingprogress and receiving the neededaccommodations to be successful in yourclasses. An Individualized EducationProgram (IEP), a set of personal goals andobjectives, is developed for the next schoolyear based on the meeting’s conversation andyour plans for the future. While you are inschool, there is no need for you to ASK foraccommodations because the IDEA says theymust be arranged and provided for by theteam of people working on your behalf. Inother words, you are not required to self-disclose your disability in order to qualify forthe supports and services available.

However, after high school, the only wayyou will receive the accommodations youmight need is to ask for them yourself. Thisis why we’re making such a big deal aboutbeing self-determined. Remember, if youreceived supports in high school, it isprobably due to family members andprofessionals making decisions (with and foryou) based on the laws surrounding IDEA(the law that created the special educationsystem that exists today) and you didn’t needto request the supports. The laws protectingyou while you are in elementary andsecondary school are laws around anentitlement system. The focus remains onyour disability and what the best educationalprogram should be based on your strengthsand needs. The services provided to you maychange over time depending on a lot offactors, including your progress and newfederal policy initiatives. Essentially, theprocess remains the same from year to yearand you meet every year with your familyand professionals to establish a plan for thenext year.

ADA Definition of Disability: When you graduate or exit from the publicschool system, the way you are defined as aperson with a disability changes as do thelaws that protect you and provide for theaccommodations you may need to besuccessful in postsecondary institutions or inthe workplace. While IDEA is the law thatseemed to protect you while you were inschool, other laws such as the Americans withDisabilities Act, the Workforce InvestmentAct, and the Health Insurance Portability andAccountability Act protect you when you exitschool and enter college, adult education, andwork world.

A person qualifies as having a disabilityunder the Americans with Disabilities Act(ADA) if they meet at least one of thefollowing three conditions:

1. A physical or mental impairment that sub-stantially limits one or more major life activ-ities (such as walking, talking, seeing, read-ing, learning, working, etc.);

2. A record of such impairment (for example,people with a history of cancer or mental ill-ness); or

3. A perception by others as having an impair-ment (such as a person with a disfiguringfacial scar, or a person rumored to be HIVpositive).

When you exit school and enter college, adulteducation, or the world of work, the only wayyou can receive the accommodations youneed is to ask for them yourself. That is whyit’s important to understand yourself, yourdisability, and your accommodation needs forboth postsecondary settings and work. It isalso important to understand the laws thatprotect you in case you decide to disclose



your disability. The purpose of the ADA is toextend to people with disabilities civil rightsprotections similar to those already availableto people on the basis of race, color, nationalorigin, and religion through the Civil RightsAct of 1964.

Basically, the ADA prohibits discriminationon the basis of disability in five general areas:

• Private sector employment

• Activities of states and local governments

• Places of public accommodation

• Transportation

• Telecommunication services

Prior to the passage of the ADA in 1990, itwas legal for businesses to discriminateagainst people with disabilities in thesesituations. The ADA was enacted becausepeople felt there needed to be a law thatprohibits (or makes illegal) discriminationagainst people with disabilities.

Now fast forward to high school graduationor exit. The adult world is a very differentplace than high school. It is at this time thatyou will be entering a system of eligibility;this means that you must meet certainrequirements to participate in this system.This system is quite different from a system ofentitlement (one in which certain benefits,services, or programs are expected to beprovided because it is written as law). It is atthis time that you and your family are facedwith an array of adult service providers,postsecondary institutions, and others whoare all asking one question: Do you meet theeligibility requirements of this program? Ofcourse, various programs may offer differentservices and have different eligibility

requirements. You are left to try to determinewhich will be the most beneficial to you, andwhether you are eligible for those programs.Once you graduate or exit high school, youare no longer ENTITLED to services andsupports; rather, you become ELIGIBLE foradult services and supports based on yourparticular situation, your disability, and yourability to disclose necessary information.

Remember that graduation or exit from highschool doesn’t mean that the services andaccommodations you needed while in highschool aren’t needed anymore. Lots of youngpeople think that once they leave school theirdisability is unimportant or disappears. Theyhaven’t figured out that the academic servicesand accommodations they received while inhigh school will be needed for life (although,of course, in different ways).

On the other hand, some of you may havedeveloped compensatory strategies (thingsthat you did to help you balance for certaintroubles you were having) while you were inhigh school, and have a good handle on whatyou need to be successful in college or on thejob. For example, perhaps you tend to forgetinformation that is presented visually, but canremember information when it is presentedorally. A compensatory strategy would be touse a tape recorder during classes and to relyon verbal instructions to relay information.

Keep in mind that although there are laws inplace that entitle you to services and supportswhile you are in high school, once you leaveschool and are in the system of eligibility, youstill can receive protections againstdiscrimination due to your disability. Youhave certain rights that allow you to challengedecisions made concerning your eligibility.

4-6



One example is the non-discrimination clauseof the Workforce Investment Act (WIA). Thenon-discrimination clause, which is in place toprotect individuals from discrimination, statesthat “no individual shall be excluded fromparticipation in, denied the benefits of,subjected to discrimination under, or deniedemployment in the administration of or inconnection with, any such program or activitybecause of race, color, religion, sex, nationalorigin, age, disability, or political affiliation orbelief.”

Another example is the Health InsurancePortability and Accountability Act (HIPAA).This act was made into law in 1996, and itprotects you and your family by allowingyour health insurance to continue despitechanges in employment status or transitionperiods between jobs. In addition, HIPAAaddresses the security and privacy of yourhealth records. There are now rules and limitson who can look at and receive your healthinformation. Some of the information that isprotected includes the following:

• Information your doctors, nurses, or otherhealth care professionals put in yourmedical record;

• Conversations your doctor has about yourcare or treatment with nurses and others;

• Information about you in your healthinsurer’s computer system; and

• Billing information about you at a healthcare facility.

Another example is the Client AssistanceProgram (CAP). This service can assist andadvocate for you if you are having concernsor problems with Vocational Rehabilitation orthe Commission for the Blind or IndependentLiving Centers. CAP can provide assistance inseveral ways:

• Informing and advising you of benefitsavailable under the Rehabilitation Act;

• Helping you communicate your concerns toyour counselor;

• Helping you resolve your concerns if youdisagree with a decision;

• Helping you understand the rules,regulations, and procedures of an agency;and

• Protecting your rights under the FederalRehabilitation Act.

Additional information summarizing some ofthe pieces of legislation that we talked aboutin Unit 4 as well as information summarizingpieces of legislation that may potentially affectyou in the future, is available in Appendix Bin the back of this unit beginning from page 4-16 to 4-18.



T he following activity is designed to help you define your disability in order to understandyourself better and begin to identify some of the accommodations you may need afterleaving high school. Use these questions and prompts to begin thinking about these

important issues.

1. In your own words, describe what the term “disability” means to you. __________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

2. Describe your disability in clear, concise terms. ______________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

3. Describe how your disability may affect your postsecondary education efforts. __________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

4. What accommodations, if any, will you need in college? (Think about what structures orservices were put in place for you at school to help you perform on the same level as the restof your classmates.)

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

ACTIVITY: DEFINING YOUR DISABILITY

4-8



5. Describe how your disability may affect your work performance. ______________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

6. What accommodations, if any, will you need at work? (Remember that many of the skillsnecessary in school are also necessary at work.)

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

NOTES

k

3



R ecognizing discrimination when it occurs is an important first step in confronting andeliminating it. Read the following examples and identify who is being discriminatedagainst and in what way. Reflect on how you would feel if you were the person with the

disability in each example. How would you handle the situation?

Laura goes to a restaurant.Laura goes with her friends to a pizza parlor. There are stairs to the entrance but noramp. When Laura and her friends request assistance to get into the building, themanager refuses, citing liability risk.

Your reaction: ________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

John applies for a job.John wants a job after school to earn money to buy his first car. He goes to a local subshop and asks for an application. He has trouble completing the job application becauseof his learning disability in reading. He asks if the application could be read to him. Thepersonnel director says, “No, you must complete the application on your own.”

Your reaction: ________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

ACTIVITY: RECOGNIZING DISCRIMINATION

4-10



Tyrell enrolls in a class.Tyrell has a learning disability. He is a freshman in college and is required to take awriting course. His disability makes it very difficult to complete his writing assignmentson time. When he discloses his disability to the professor, the professor suggests hewithdraw from the class.

Your reaction: ________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

NOTES

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________k

3



U sing the basic facts about the ADA on pages 4-14 to 4-15 in Appendix A at the back ofthis unit, form a small group and develop a collage poster on one of the five Titles of theADA using pictures and words from magazines, newspapers, the Internet, or other

sources. Remember that the collage is meant to communicate information about the selectedTitle to its viewers. Here are some suggestions for getting started.

• Employment Group (Title I): Think about all of the different steps it takes to get a job (that is,everything from the application to the interview). Think about the employers who haveresponsibilities under the ADA and the individuals who are protected.

• State and Local Government Group (Title II): Think about all the activities in yourcommunity that are funded by the state or local government. Consider the rights andresponsibilities of both individuals with disabilities and government entities (includingschools and transportation).

• Public Accommodations Group (Title III): Read through the description of publicaccommodations and find pictures and words reflecting these supports and services.

• Telecommunications Group (Title IV): Think about the groups of people with disabilitiesthat use telecommunication tools and assistive technology most often at school and in theworkplace. Include information about a relay center.

• Miscellaneous Provisions Group (Title V): Think about requirements relating to theconditions surrounding insurance, construction, and design regulations by the U.S. AccessBoard.

ACTIVITY: SMALL GROUP POSTER ACTIVITY

NOTES____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

3

4-12



1. ______________________________________

2. ______________________________________

3. ______________________________________

4. ______________________________________

5. ______________________________________

6. ______________________________________

7. ______________________________________

8. ______________________________________

9. ______________________________________

10. ____________________________________

Agency #1: __________________________________________________________________________

Contact person: ____________________________________________________________________

Telephone and email: ______________________________________________________________

Eligibility criteria: __________________________________________________________________

How to apply for services: __________________________________________________________

4-12 The 411 on Disability Disclosure

I n the beginning of this unit, wepresented the different legal definitionsof disability. Believe it or not, there are

even more ways to define disability in theadult-services world. The definitions reflect“eligibility criteria” such as your financialsituation, the severity of your disability, andyour age, among other characteristics. Inorder to be eligible for adult services, youneed to meet the eligibility criteria establishedfor each specific service you are requesting. Inthis activity, you will explore your own

eligibility and the services you might benefitfrom. First, create a list of adult serviceproviders in your community (there are linesto identify 10 providers in your community —you might or might not fill in all 10 lines).Second, choose three services you are mostlikely to need as an adult and research theirspecific eligibility criteria. You should use thefollowing resources (and any others you thinkof) to obtain this information: websites,telephone calls, letters, and email. Keep thisinformation for future reference.

ACTIVITY: IDENTIFYING ADULT SERVICE PROVIDERS & ELIGIBILITY CRITERIA


4-13The 411 on Disability Disclosure 4-13The 411 on Disability Disclosure

Agency #2: __________________________________________________________________________

Contact person: ____________________________________________________________________




Agency #3: __________________________________________________________________________

Contact person: ____________________________________________________________________




____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

NOTES 3

k


Title I – Employment• Employers may not discriminate against an

individual with a disability in hiring orpromotion if the person is otherwisequalified for the job.

• Employers can ask about one’s ability toperform a job, but prior to offering a jobthey cannot inquire if someone has adisability or requires medical examinations.

• Employers cannot use tests that tend toscreen out people with disabilities unlessthe tests measure job-related skills.

• Employers need to provide “reasonableaccommodation” to individuals withdisabilities. This includes steps such as jobrestructuring and modification ofequipment.

• Employers do not need to provideaccommodations that impose an “unduehardship” on business operations.

• Who needs to comply:

– Private employers with 15 or moreemployees.

– State and local government employers,regardless of how many employees theyhave.

Title II – State and Local Governments• State and local governments may not

discriminate against qualified individualswith disabilities.

• State and local government agencies mustmake reasonable modifications to theirpolicies and procedures to allow equalopportunities for individuals withdisabilities to participate.

• All government facilities, services, andcommunications must be accessibleconsistent with the requirements of section504 of the Rehabilitation Act of 1973.

• All new construction must be accessible.

• New public transit buses must be accessibleto individuals with disabilities.

• Transit authorities must provide comparableparatransit or other special transportationservices to individuals with disabilities whocannot use fixed route bus services, unlessan undue burden would result.

• Existing rail systems must have oneaccessible car per train.

• New rail cars must be accessible.

• New bus and train stations must beaccessible.

Unit 4: Appendix A

Basic Facts about theAmericans with Disabilities Act

UNIT 4: Rights and Responsibilities Under the Law — APPENDIX A


• Key stations in rapid light and commuterrail systems must be made accessible byJuly 26, 1993, with extensions up to 20 yearsfor commuter rail (30 years for rapid andlight rail).

• All existing Amtrak stations must beaccessible by July 26, 2010.

Title III – Public Accommodations• Private businesses such as restaurants,

hotels, banks, and retail stores may notdiscriminate against individuals withdisabilities.

• Auxiliary aids and services must beprovided to ensure effectivecommunications with individuals withvision or hearing impairments, unless anundue burden would result.

• Physical barriers in existing facilities mustbe removed, if removal is readilyachievable. If removal is not readilyachievable, alternative methods ofproviding the services must be offered, ifthey are readily achievable.

• All new construction and alterations offacilities must be accessible.

Title IV – Telecommunications• Companies offering telephone service to the

general public must offer telephone relayservices to individuals who usetelecommunications devices for the deaf(TDDs) or similar devices.

• All television public service announcementsproduced or funded in whole or in part bythe federal government include closedcaptioning.

Title V – Miscellaneous Provisions• Title V includes information regarding the

ADA’s relationship with other federal andstate laws such as the Rehabilitation Act of1973.

• Retaliation and coercion are prohibited.

• The U.S. Congress and the agencies of thefederal legislative branch are covered;discrimination against individuals withdisabilities is prohibited in employment andother programs.

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

NOTES 3


Unit 4: Appendix BSummary of Legislation

Americans with Disabilities Act(ADA)

The ADA prohibits discriminationon the basis of disability inemployment, public entities, publicaccommodations, transportation,telecommunications, andrecreation.

http://www.ada.gov

Assistive Technology (AT) Act The Assistive Technology Actrequires states and territories toconduct activities related to publicawareness, interagencycoordination, technical assistance,and training and outreach topromote information about andaccess to assistive technologydevices and services.

The AT Act also authorizes theAssistive Technology AlternateFinancing Program to assist peoplewith disabilities in accessing thetechnology that they need.

AT Act:http://www.section508.gov/docs/AT1998.html

Assistive Technology AlternateFinancing Program:http://www.resna.org/AFTAP/state/index.html

Developmental DisabilitiesAssistance and Bill of Rights Act

The Developmental DisabilitiesAssistance and Bill of Rights Actrequires that people withdevelopmental disabilities and theirfamilies receive the services andsupports they need and participatein the planning and designing ofthose services.

http://www.acf.hhs.gov/programs/add/DDACT2.htm

Legislation Summary Resource

Individuals with DisabilitiesEducation Act (IDEA)

The IDEA guarantees youth withdisabilities FAPE. Individuals areentitled to an education and relatedservices.

Services detailed in IDEA includetransition services and planning,individualized education programs,early intervention services, dueprocess provisions, disciplinaryservices, and alternative educationprograms.

http://www.ed.gov/offices/OSERS/Policy/IDEA/the_law.html

Social Security Supplemental Security Income(SSI) is a federal incomesupplement program designed tohelp aged, blind, and disabledpeople with limited income.

There are a number of workincentives designed to help peopleon SSI and SSDI transition to work,including the following:

The Student-Earned IncomeExclusion supports the ability oftransition-aged youth to work andhave earnings through work-basedlearning programs that areintegrated into educationalprograms.

A Plan for Achieving Self Support(PASS) allows a person with adisability to set aside income for agiven period of time to achieve anemployment goal.

http://www.ssa.gov

Additional information on workincentives can be found athttp://www.ssa.gov/work

Ticket to Work and WorkforceInvestment Improvement Act(TWWIIA)

The TWWIIA program offers SSAdisability beneficiaries greaterchoice in obtaining the servicesthey need to help them go to workand attain their employment goals.

http://www.socialsecurity.gov/work/Ticket/ticket_info.html

UNIT 4: Rights and Responsibilities Under the Law — APPENDIX B



Workforce Investment Act (WIA)and the Vocational RehabilitationAct

The Workforce Investment Actprovides coordinated, effective, andcustomer-focused workforcedevelopment and employmentservices to be delivered throughOne-Stop Career Centers.

Title I of WIA provides for servicesto youth, adults, and dislocatedworkers. The youth provisions ofTitle I of WIA require states andlocalities to provide a comprehen-sive workforce preparation systemthat reflects the developmentalneeds of youth.

Section 188 of Title I makes it illegalto discriminate against people withdisabilities in employment andtraining programs, services, andactivities receiving funds underWIA.

http://www.doleta.gov/usworkforce/

One-Stops:<http://www.onestops.info>

<http://www.dol.gov/oasam/programs/crc/section188.htm>

4-18

UNIT 4: Rights and Responsibilities Under the Law — APPENDIX B


Health Insurance Portability andAccountability Act (HIPAA)

HIPAA gives you informationabout your rights regarding yourpersonal health information andsets limits as to who can access thisinformation.

http://www.hhs.gov/ocr/hipaa/


Title IV of WIA contains the entireRehabilitation Act, comprised ofthe vocational rehabilitationprogram as well as the supportedemployment and independentliving programs.

Section 504 of the Rehabilitation Actprohibits discrimination based ondisability in federally funded andfederally conducted programs oractivities in the United States.

Section 508 of the RehabilitationAct requires federal agencies toassure the accessibility andusability of their electronic andinformation technology

Vocational Rehabilitation assistsindividuals with disabilities whoare pursuing meaningful careersthrough local job searches andawareness of self-employment andtelecommuting opportunities.

Independent Living Centers arecommunity-based organizationsrun by and for people withdisabilities, which offer systemsadvocacy, individual advocacy, peercounseling, information andreferral, and independent livingskills training.

Section 508:http://www.Section508.gov

Rehabilitation Services Agency:http://www.ed.gov/about/offices/list/osers/rsa/index.html

Independent Living Centers:http://www.ilusa.com/links/ilcenters.htm

Workforce Investment Act (WIA)and the Vocational RehabilitationAct (continued)


T he purpose of Unit 5 is to introduce you to the concept of accommodations and to help youidentify the accommodations you may need. Terminology provided in this unit will help youbetter understand this topic. We strongly suggest that you read the discussion on page 5-2.

Y ou may know some of these words already, or you may just have heard them in passing. First,define these words as you understand them. Then check your definitions against the glossarythat is located in the back of this workbook. The following terms are used in Unit 5:

Accommodation ____________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Barrier ______________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Unit 5: Accommodations

PURPOSE

TERMINOLOGY

Accommodation

Barrier

Modification

X

5-2

UNIT 5: Accommodations


Modification ________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

W hat is an accommodation? Anaccommodation is essentially anystrategy that gets rid of or lessens

the effect of a specific barrier. A barrier is anobstacle which may exist in school, at theworkplace, in the community, or in your ownhome. An accommodation is any change oradjustment to an environment that makes itpossible for an individual with a disability toenjoy an equal opportunity. Accommodationsare used to help individuals with disabilitieslearn or demonstrate what they have learned;work as independently and efficiently aspossible; and live comfortably within theircommunities and home, among other things.Sometimes accomodations can bemodifications to existing equipment ormaterials to make them usable for peoplewith disabilities (such as lowering acountertop for a register at a store, orchanging the software on a computer to readschool assignments aloud.) Reasonableaccommodations like these allow a personwith a disability to participate in theapplication process (job or college, forexample), perform the essential functions of aparticular job (yes, being a college student isconsidered a job!), and enjoy the benefits andprivleges of employment and education equalto those enjoyed by those individuals withoutdisabilities.

Accommodations are NOT intended to justifyor compensate for a lack of knowledge, skills,or abilities necessary to succeed. Wheneverpossible, accommodations should be based onthe use and further development of existingskills and capabilities.

One easy way to think about reasonableaccommodations is to think of them in threebasic categories:

1. Changes to facilities and equipment (suchas putting in ramps and parking spaces,making materials available in large print, orproviding low- and high-tech assistive tech-nology);

2. The provision of special services (such assign language interpreters or qualified read-ers); and

3. Creative thinking and problem solving!

There are many types of accommodations,including but not limited to the following:

An accommodation is essentially any

strategy that gets rid of or lessens

the effect of a specific barrier.

DISCUSSION



• Educational accommodations;

• Workplace accommodations; and

• Community accessibility that serves toaccommodate.

Some common examples of these varioustypes of accommodations available to peoplewith disabilities are listed below:

Educational Accommodations• Accessible classrooms.

• Modified instruction (for example, use ofsmall groups).

• Modified curricula (for example, differentlearning outcomes or different materialsfrom those for other students).

• Modified class schedules (for example,block schedules.

• Providing supervised breaks or allowingextra response and processing time duringtesting sessions, and administering thetest at best time for the individual.

• Providing special seating in a generaleducation classroom (for example, seatingin the front of the room or in a studycarrel), a small group setting, or specialeducation support.

• Providing large print materials, Braillematerials, calculators, computers withspelling and grammar checkers, andelectronic dictionaries.

• Providing written copies of orallypresented materials found in examiner’smanual, closed-caption of video materials,or sign language interpreters.

• Allowing individuals to answer bypointing rather than marking in a test

booklet, by dictating responses toexaminers for verbatim transcription, orby responding to an interpreter fortranscription.

Workplace Accommodations• Changing an employee’s workstation

arrangement.

• Modifying equipment or devices (forexample, computer software).

• Reassigning non-essential functionsthrough job restructuring.

• Providing qualified readers andinterpreters.

• Providing part-time or modified workschedules.

• Telecommuting options.

• Personal assistance services.

• Adjusting or modifying examinations,training materials, and policies.

Community Accessibility • Providing ramps and reserved parking

spaces (increasing physical accessibility).

• Providing assistive technology (forexample, readers, calculators, spellcheckers, or communication devices).

• Providing interpreters.

• Providing accessible bathrooms.

• Providing accessible drinking fountains.

• Providing accessible equipment (forexample, computers, desks, or copiers).

• Providing wide aisles and doorways.

5-4



T he Job Accommodation Network (JAN) is a free service of the Office of DisabilityEmployment Policy (ODEP), in the US Department of Labor. JAN provides informationabout disability and accommodation and receives questions concerning students with

disabilities in classroom environments such as public schools, colleges, technical schools,continuing education, internships, and employment, and about adults with disabilities.

To begin this activity, log on to the JAN website (http://www.jan.wvu.edu/). Click “Individualswith Disabilities” on the left-hand toolbar. Take some time to explore what information andresources JAN has to offer. Make a list of those that you find particularly useful. If you do not haveaccess to the World Wide Web, there is a toll-free phone number that you can call. Someone willbe able to answer your questions and send you information. The phone number for JAN is 1-800-JAN-7234 V/TTY.

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Next, use the Searchable Online Accommodation Resource (SOAR) to research ideas aboutaccommodations both on the job and in school. Make a list of those accommodations that youcurrently use, and those accommodations that you might try.

Accommodations I use Accommodations to try

ACTIVITY: THE JOB ACCOMMODATION NETWORK (JAN)



R eview the accommodation examples below. Your job is to figure out the obstacle (orbarrier) for each young person. Use your creativity, the JAN website, and the broadcategories of accommodations presented previously to create a list of possible

accommodation solutions. Be prepared to discuss your solutions with the group.

Situation #1: A student with Muscular Dystrophy is taking an SAT prep class at night. Hehas trouble filling in the bubbles on the answer sheets during practice drills.

Potential accommodation solutions: ________________________________________________

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Situation #2: A teenager could not shop with her friends at the local mall because herwheelchair did not fit between many of the clothes aisles in the major department stores.


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Situation#3: A student with dyslexia is taking a literature class. He reads more slowly andwith more difficulty than the other students. Every student is required to read aloud fromthe texts in class.


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GROUP ACTIVITY: SITUATIONS AND SOLUTIONS AT SCHOOL AND AT WORK

5-6



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Situation #4: A graphic artist for a small employer is deaf and needs to be alerted to theemployer’s audible emergency alarm system.


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Situation #5: A student with depression writes for her school newspaper. When she has adepressive episode she misses article deadlines.


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Situation #6: A chef with dyscalculia (a math learning disability) is having troublemeasuring the ingredients for recipes.


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Situation #7: A corporate businessman with social anxiety is overcome with anxiety aboutspeaking in front of his co-workers at business meetings.


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Situation#8: A student in medical school who has a reading disability is also a poor speller.She has difficulty reading and spelling the medical terminology and prescription names.


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NOTES 3

k

5-8



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NOTES 3

k


T he purpose of Unit 6 is to reiterate the need to disclose in order to get reasonableaccommodations in college, at a university, in a career and technical school, or in an adulteducation center. In addition, this unit clearly answers five specific disclosure questions:

Why, when, what, to whom, and how to disclose a disability in postsecondary settings.Terminology provided in this unit will help you better understand these questions. We stronglysuggest that you read the discussion focusing on “why to disclose” on page 6-3.

Y ou may know some of these words already, or you may just have heard them in passing. First,define these words as you understand them. Then check your definitions against the glossarythat is located in the back of this workbook. The following terms are used in Unit 6:

Unit 6: Postsecondary Disclosure…Why, When, What, to Whom, and How?

GOAL

TERMINOLOGY

Access

Assistive technology

Disability Support Services(DSS)

Disclosure script

Postsecondary

Responsibility

Rights

Access ______________________________________________________________________________

____________________________________________________________________________________

X

6-2

UNIT 6: Postsecondary Disclosure…Why, When, What, to Whom, and How?


Assistive technology __________________________________________________________________

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Disability Support Services (DSS) ____________________________________________________

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Disclosure script______________________________________________________________________

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Postsecondary ________________________________________________________________________

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Responsibility________________________________________________________________________

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Rights ______________________________________________________________________________

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NOTES 3



T he process of choosing a postsecondaryinstitution of learning is quitechallenging. There are many decisions

you will need to make: where to study, whatto study, how to study, whether to attend full-time or part-time, whether to live at home oron campus, and whether to commute from adistance or enroll in online study are just afew.

If you have a disability, you must alsoconsider the supports and services that youmay need to be successful in thepostsecondary setting of your choice. Arethese supports and services available to you ifyou require an accommodation? Remember,accommodations at the postsecondary level(after you exit high school) are providedonly when a student discloses his or herdisability and requests accommodations.Faculty and staff are not required to provideaccommodations to students who havechosen not to disclose their disabilities.

Learning to disclose your disability-relatedneeds effectively and developing anaccommodation plan are extremely valuableskills. Effective disclosure skills require thatyou share information regarding yourdisability-related needs and also providecreative, practical suggestions foraccommodations. Open communication withyour professors and the disability servicesstaff can facilitate the process of evaluatingthe effectiveness of your accommodations,and of making changes when efforts are notworking.

Good planning is always important, butearly planning is essential.

Again, this is where informed decision-making is critical. The more enlightened youare before you graduate from high school, themore questions you ask, and the more youtalk with people in the post-secondary world,the more likely it is that you will be confidentthat the decisions you make are right for you.

Some reasons why you may choose todisclose your disability in a postsecondarysetting include, but are not limited to, thefollowing:

• Obtaining information about availablesupports and services;

• Discussing specific needs in order toidentify adjustments necessary to thestudy environment;

• Discussing academic requirements andpractical components of your chosencourse of study, in addition to possibleprofessional requirements;

• Receiving any necessary assistance withthe transition from high school topostsecondary education;

• Ensuring that Disability Support Serviceprofessionals provide any needed trainingor awareness for faculty members andother staff to help you receive the bestaccommodations; and

• Ensuring that faculty members arefamiliar with and implement theaccommodations you require to besuccessful in their classes.

WHY TO DISCLOSE IN POSTSECONDARY EDUCATION

I t is important to think about the mostappropriate time and place in which todisclose your disability in the post-

secondary setting. The timing of yourdisclosure is important and can potentiallyhave an impact on how you are perceived byothers and what accommodations can beprovided. There are four options for “when”you choose to disclose:

• Prior to enrollmentUsually you will meet with your instructorsor disability support services coordinatorsprior to enrolling in class. At this time, beprepared to disclose your disability as wellas plan for needed accommodations orbegin to explore strategies for accommoda-tions that will work for them and theinstructors.

• At the time of enrollmentIt is usually recommended that you informyour instructors of your neededaccommodations at the beginning of asemester, or as soon as your disability isinterfering with your progress in class.

• During your course of studyIf you wait to disclose your disability untilafter classes have started, there may beadditional considerations. For example, ifyou decide to disclose your disability andmake a request for accommodations the daybefore an exam (an example of poor timing),the disclosure is stressful andaccommodations are more difficult toarrange. If, on the other hand, you approachthe instructor before the first class session tovoice your concerns and propose potentialaccommodation strategies, thenaccommodations can be arranged in anorganized, thorough manner with sufficienttime to implement them. Everyone is morecomfortable with this arrangement.

• NeverIt is important to remember that if noaccommodations are needed, or if you havemade a decision to accommodate yourpotential needs personally (for example, byusing a spell-check feature for Englishpapers), then there is no need to discloseyour disability.

6-4



Remember that it is not essential to divulgespecific personal information about yourdisability. What is most important andhelpful is to provide information about 1)how your disability affects your capacity tolearn and study effectively, and 2) theenvironment, supports, and services you’llneed in order to access, participate in, and

excel in your area of study. Althoughconfidentiality is protected under both theADA and Section 504, as a student with adisability you must determine your ownpersonal privacy boundaries. YOU mustdecide what and how much information it isnecessary to reveal in order to obtain theneeded accommodations.

WHEN TO DISCLOSE IN POSTSECONDARY EDUCATION

I t is essential that you disclose yourdisability only to those individuals whoneed to know. Sometimes, the person

you choose to disclose your disability to, isdetermined by when you choose to disclose.The following list gives you examples of thepeople you might disclose your disability to atdifferent times.

• Prior to enrollment, you might choose todisclose to the Disability Support Servicesstaff, directly to faculty, or to an admissionsofficer.

• At the time of enrollment, you mightchoose to disclose directly on yourapplication form or contact the DisabilitySupport Services office.

• During your course of study, you mightchoose to contact your academic advisor orcounselor, your professor, other teachingstaff, or the Disability Support Servicesoffice.

• When in doubt, contact the trained profes-sionals in the Disability Support Servicesoffice for guidance.

Throughout the process of disclosure andaccommodation development, it is veryimportant that you work closely andcooperatively with those individuals (such asfaculty, counselors, Disability Support Servicestaff, and higher education administration)who can provide the supports and services.When requesting accommodations, try to be



R emember that preparation is essentialwhen planning to disclose yourdisability. Don’t forget that it is

unnecessary to disclose very detailed medicalor personal information.

You may wish to present the followinginformation to the disability servicesprofessionals, faculty members, and staff:

• General information about your disability;

• Why you’ve chosen to disclose yourdisability (i.e., its impact on your academicperformance);

• The type of academic accommodations thathave worked for you in the past (in highschool);

• The type of academic accommodations youanticipate needing in the postsecondarysetting;

• How your disability and other life experi-ences can affect your course of study positively.

Most importantly, keep the disclosureconversation focused on your abilities, noton your disability.

WHAT INFORMATION TO DISCLOSE IN POSTSECONDARY EDUCATION

TO WHOM TO DISCLOSE IN POSTSECONDARY EDUCATION

6-6



assertive rather than aggressive andforthright rather than confrontational.

There are differences between assertive andaggressive communication and behavior.Assertive communication and behavior ispreferable. Being assertive means that you (a)stand up for your personal rights; (b) expressyour thoughts, feelings, and beliefs in a direct,honest, and appropriate way; (c) show respectfor yourself and others; and (d) leave room for compromise. It is important for you to

maintain good eye contact, express yourselfclearly, stay on topic, and avoid apologizingor losing your temper.

Remember that it’s important to select aprivate, confidential, comfortable place todisclose and to allow enough time to discussthe impact of your disability. The person(s)you are disclosing to may have questions,suggestions, or concerns that may requireextra time for discussion.

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NOTES 3

k

W e’ve talked a great deal about the rights afforded to you as a person with a disability.It is also important to understand that, as a person with a disability, you havesignificant responsibilities to yourself, your instructors, and the Disability Support

Services staff. Some of these rights and responsibilities are outlined in the chart below:

You have the right to

• Be treated fairly and in a non-discriminatory fashion.

• Discuss your academic needs, supports,and accommodations in a non-judgmentalsetting.

• Have information about your disabilitytreated confidentially and respectfully.

• Know what happens to personalinformation you choose to share withcounselors, faculty, or staff.

• Work collaboratively with staff to identifynecessary supports for your success.

• Obtain information about disabilitysupport services as well as physical andprogrammatic access at the institution ofyour choosing.

• Be self-determined and practical.

You have the responsibility to

• Investigate and fully understand theacademic and practical requirements ofyour chosen course of study, includingdetermining that this option matches yourskills and abilities.

• Recognize that disclosing on anapplication form or prior to enrollmentdoes not eliminate your responsibility tocontact Disability Support Services afteryou are enrolled or contact your professorsfor any needed accommodations.

• Find out about options for accessing theinstitution of your choice.

• Advise faculty and staff in a timelymanner of your needs in relation to yourdisability, including accommodation,support, and information.

• Understand that Disability SupportServices staff or faculty may not be able toaddress your needs effectively if you donot disclose them in a timely manner.

• Be self-determined and practical.



RIGHTS AND RESPONSIBILITIESAdapted from <http://sites.uws.edu.au/rdlo/disclosure/education/prior.htm>. _

6-8



R ead the following examples and determine each student’s course for disclosure. Firstdetermine whether or not it is necessary for the student to disclose his or her disability.Then think about the “why,” “when,” “what,” “to whom,” and “how” questions. Write

your answers on the lines provided. If possible, share your answers with a group of your peersor classmates. Remember: there are no “right” or “wrong” answers, because choosing todisclose is a personal and individual decision!

1. Yvonne is considering a course of study in elementary education at a university in her city.She is sure it is the right course for her, and now needs to find out about the accessibility ofthe buildings on the campus she would like to attend.

Disclose? ________________________________________________________________________

Why? ____________________________________________________________________________

When? ____________________________________________________________________________

What? ____________________________________________________________________________

To whom? ________________________________________________________________________

How? ____________________________________________________________________________

2. Matthew has decided to study part-time for the first year of his coursework because he hasfound it very demanding to manage both his ongoing medical condition and full-time studyat the same time.

Disclose? ________________________________________________________________________

Why? ____________________________________________________________________________

When? ____________________________________________________________________________

What? ____________________________________________________________________________

To whom? ________________________________________________________________________

How? ____________________________________________________________________________

ACTIVITY: COURSE FOR DISCLOSURE EXAMPLES



3. Denise has been attending college for three weeks, and is already beginning to feel stressed.She has been unable to attend all of her lectures or labs due to difficulties with her medica-tion. She has three large projects due in the next month and is fearful she won’t be able tocomplete them.

Disclose? ________________________________________________________________________

Why? ____________________________________________________________________________

When? ____________________________________________________________________________

What? ____________________________________________________________________________

To whom? ________________________________________________________________________

How? ____________________________________________________________________________

4. Antonio uses CART (a word-for-word speech-to-text interpreting service). He’s been acceptedto a small university with limited knowledge of assistive technology.

Disclose? ________________________________________________________________________

Why? ____________________________________________________________________________

When? ____________________________________________________________________________

What? ____________________________________________________________________________

To whom? ________________________________________________________________________

How? ____________________________________________________________________________

6-10



V isit your local community college or university and make an appointment with thecounseling support services (or Disability Support Services) office to find out whatsupports and services are available to students with and without disabilities. Be

prepared to discuss what your accommodation needs are, including what supports havetypically helped you in the past. There are counselors available to discuss specific issues withyou, answer your questions, and offer support. In addition, tutoring and assistive technologysupports might be available.

What supports and services are available at this location? Remember to make a note of thename of the person you met with and his or her contact information (address, telephonenumber, and email). You might want to contact this person again or send a thank-you note.

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ACTIVITY: EXPLORING DISABILITY SUPPORT SERVICES



R esearch shows that having a disclosure “script” and practicing it with friends, teachers,relatives, and mentors can be of great benefit to you when the time actually comes todisclose. Most people find that it is easier to talk about the impact of having a disability

rather than offering a formal or clinical definition.

To help you practice explaining yourdisability, write your explanation down. Youmay have to do this several times before ittruly describes what you want to say, in a waythat someone who knows very little aboutdisabilities will understand. Use additionalpaper if needed.

Here are some questions and hints to thinkabout while preparing your disclosurepractice script:

• Write about your positive attributes orstrengths first.

• Identify the limitations or challenges youface in school because of your disability.

• Identify which accommodations haveworked best for you in the past and why.

• Consider how your disclosing can help thefaculty or staff member help you (that is,try to put yourself in their shoes).

• End the script with positive points.

Write your script on the following page.

ACTIVITY: MY PRACTICE SCRIPT

For example, someone explaining that they have cerebral palsy could say,

“I have difficulty with fine motor skills. I write more slowly and with more difficultythan other people and become fatigued more easily. Consequently, I will need

to use a computer to type essay tests or any other written assignments.”

It is also helpful to include some information relating to areas of strength. Here is one example:

“I am able to use my strong verbal skills to contribute and share my ideas during class while I tape record the entire lecture. If I took notes during the

lecture instead of participating in discussion, I would find it difficult to keep up with the discussion.”

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6-12



My script: __________________________________________________________________________

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T he purpose of Unit 7 is to reiterate the need to disclose in order to receive a reasonableaccommodation in a work setting (on the job). In addition, this unit clearly answers thespecific disclosure questions: why, when, what, to whom, and how to disclose in

employment settings. Terminology provided in this unit will help you better understand thesequestions. We strongly suggest that you read the discussion on page 7-3.

Y ou may know some of these words already, or you may have just heard them in passing.First, define these words, as you understand them. Then check your definitions againstthe glossary that is located in the back of this workbook. The following terms are used

in Unit 7:

Essential functions____________________________________________________________________

____________________________________________________________________________________

Job accommodations ________________________________________________________________

____________________________________________________________________________________

Unit 7: Disclosure on the Job…Why, When, What, to Whom, and How?

GOAL

TERMINOLOGY

Essential functions

Mentor

Self-accommodate

Job accommodations

One-Stop Career Center

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X

7-2

UNIT 7: Disclosure on the Job…Why, When, What, to Whom, and How?


Mentor ______________________________________________________________________________

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One-Stop Career Center ______________________________________________________________

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Self-accommodate ____________________________________________________________________

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NOTES 3

k



E very job seeker with a disability is facedwith the same decision: “Should I orshouldn’t I disclose information about

my disability?” Ultimately, the decision ofwhether or not to disclose is entirely personal.It is a decision to make only after weighingthe personal advantages and disadvantages ofdisclosure (see Unit 3).

If you have a disability, you must consider thesupports and services that you may need tobe successful in the job of your choice. Arethese supports and services available to you ifyou require an accommodation? Rememberthat accommodations in the workplace areonly provided when a worker discloses his orher disability and requests jobaccommodations. Employers and co-workersare not required to provide accommodationsto workers who have chosen not to disclosetheir disabilities.

The process of learning how to disclose yourdisability-related needs effectively and todevelop an accommodation plan is extremelyvaluable. Effective disclosure skills requirethat you share information regarding yourdisability-related needs and that you providecreative, practical suggestions for jobaccommodations. Open communication withyour employer, work mentor, and co-workerscan help to evaluate the effectiveness of youraccommodations and make changes whenefforts are not working.

Some job seekers choose not to disclose theirdisabilities because they believe that they canmanage their careers in the same way as anyother job seekers, or because they havebecome skilled at developing compensatory

strategies and have the ability to self-accommodate without assistance. Othersdecide not to disclose at work because theyfear being treated differently or being deniedthe same opportunities as job seekers withoutdisabilities.

On the other hand, many job seekers chooseto disclose disability-specific information for avariety of important reasons and to a varietyof different people (employer, work mentor,co-workers). The following list includes some(but definitely not all) of the reasons youmight choose to disclose your disability;

• obtain information to assist you indeveloping a career plan that addressespossible barriers and accommodations;

• identify disability-specific employmentservices and support networks;

• discuss employment requirements withrecruiters or other professionals;

• discuss disability issues with prospectiveemployers to determine whether therequirements of the position can be met,with or without reasonable accommodation;

WHY TO DISCLOSE ON THE JOB

Remember that accommodations in

the workplace are only provided

when a worker discloses his or her

disability and requests job

accommodations.

T hough there is certainly no one “right”time and place to practice disclosure (itwill depend on your individual

situation), being proactive is stronglyencouraged. Being proactive puts you inbetter control of your life.

When you decide to disclose your disability toyour employer, there may be settings andcircumstances in which disclosure is moreappropriate than others. Consider thefollowing possibilities:

7-4



• investigate the supports available at theworkplace;

• develop mentoring and peer support structures with employees and employerswith disabilities.

Remember that it is not essential to divulgespecific personal information about yourdisability. Your disability is only important ifit affects (or can potentially affect) your ability

to perform the essential functions of a job.What is most important and helpful is toprovide information about how yourdisability affects your ability to perform theessential functions of the job, what supportsyou need in order to provide a most favorableenvironment for your career, and your ownaccommodation ideas for your particularsituation.

WHEN TO DISCLOSE ON THE JOB

Circumstance Example

In a third-party phone call or reference Employment counselors at the local One-StopCareer Centers have strong connections withlocal employers and may be willing to serveas a reference for you. Be sure to make clearwith the counselor whether you would likehim or her to disclose your disability andhow you would like your disability to berepresented.

In your letter of application or résumé Many individuals choose to disclose theirdisabilities in their résumé or letter ofapplication. Having a disability may beviewed as a positive trait in some professionsor even as a requirement for some positions.For example, the Workforce RecruitmentProgram has been established specifically foryoung adults with disabilities.



Pre-interview Disclosure prior to the interview isencouraged only when an accommodation isneeded for the actual interview. For example,if you use a wheelchair and the office wherethe interview is to be scheduled is on thesecond floor of a building without anelevator, you need to make the intervieweraware of your need for accommodations (forexample, by suggesting that the interview bemoved to a first floor location).

On the employment application You may have several options if theemployment application form askssomething like, “Do you have any mental orphysical limitations that may impact yourperformance on the job?”

You might believe that your disability is not a limitation on your work performanceand would therefore respond by answering,“no.” On the other hand, you might decide touse this as an opportunity to indicate thatyou have a disability that will not limit your performance if you are properlyaccommodated. Finally, you might just want to indicate that you would prefer toanswer this question when you are called for an interview.


In your cover letter Some individuals disclose their disabilities intheir cover letters. As a rule, attach the coverletter to the back of your résumé so that yourskills can be the focal point. Again, having adisability is not always a strike against you.Some companies actively recruit people withdisabilities to meet Affirmative Action goals.

7-6




At the interview You might or might not choose to discloseyour disability during an interview. If yourdisability is visible, you might wish todiscuss your disability and how it will not getin the way of doing a good job, especially ifyou have proper accommodations. At thistime, you could give examples of how youwould perform the job. If your disability isnot apparent (invisible), you will need todecide whether or not to disclose yourdisability based on your comfort and trustlevels. You do not have to disclose yourdisability at this stage. However, it might behelpful to do so in order to show that you cando the job with the right accommodation. Atthis time, you might want to give examples.Be positive and upbeat; show yourconfidence in yourself. Don’t be apologetic,defensive, or cocky.

After you’ve been offered a job Many individuals choose to disclose theirdisabilities after they have been offered thejob. They want to be selected for the positionbecause of their skills, and worry thatdisclosure prior to the point may influencethe interviewer’s decision. However, oncehired, you might need accommodations to dothe essential functions of the job. Also, if thejob requires medical testing and you takemedications that will show up in a screening,you may choose to disclose this to theemployer at this time.



During your course of employment Sometimes, individuals with disabilities donot recognize that their disabilities cannegatively affect their job performance. Thisis especially true for youth getting their firstfull-time job. Sometimes, you may feelconfident when you begin a job, but becomeconcerned that you may haveunderestimated your need for anaccommodation.

Remember that it is your responsibility toask for an accommodation if you need one.It is always better to ask for it before your jobperformance is questioned. Your employercannot force an accommodation on you, buthas the final word in what accommodationyou will receive (after consulting with you, ofcourse).

Never If you are able to perform the essentialfunctions of the job without reasonableaccommodation, you need not disclose yourdisability.


Remember that employers can’t meet your needs if they don’t know what those needs are!

A s a job seeker with a disability, youmight choose to disclose informationwhen developing your career plan and

searching for employment. You might discloseinformation to the following individuals:

• Career counselors

• Disability-specific adult employmentservices personnel

• One-Stop Career Center personnel

• Prospective employers or human resourcespersonnel

• Workplace mentors

When selecting the person to disclose to,reflect on the following questions first:

• Does this person have the power todetermine how reasonable the request is forthe accommodation?

• Can the person provide the requiredaccommodation(s)?

• Is the person responsible for hiring,promoting, or firing?

• Is the person in a supervisory role and willhe or she support me?

• What experiences does this person havewith similar disclosure situations?

7-8



R emember that preparation is essentialwhen planning to disclose yourdisability to your employer. Think

about the disclosure script you prepared inUnit 6. Is your information presented in aclear and concise way that is relevant to yourjob? If it is, TERRIFIC! If not, make somechanges and practice rehearsing yourdisclosure conversation. Don’t forget that it isunnecessary to disclose very detailed medicalor personal information. Get to the point. Andkeep it positive!

You might wish to present the followinginformation to your employer, supervisor,work mentor, or co-workers:

• General information about your disability;

• Why you’ve chosen to disclose yourdisability, including its impact on your jobperformance;

• The types of job accommodations that haveworked for you in the past (in previous jobsand in training situations);

• The types of job accommodations youanticipate needing in the workplace; and

• How your disability and other life experi-ences can positively affect your work per-formance.

Most importantly, keep the disclosureconversation focused on your abilities, notyour disability.

WHAT INFORMATION TO DISCLOSE ON THE JOB

TO WHOM TO DISCLOSE ON THE JOB



• Do I have respect for and trust in thisperson’s keeping my disclosureconfidential?

Remember that it is important to select aprivate, confidential, comfortable place to

disclose and to allow enough time to discussthe impact of your disability. The person(s)to whom you are disclosing might havequestions, suggestions, or concerns thatrequire more time for discussion.

W e’ve talked a great deal about the rights afforded to you as a person with a disability.It is important to understand that, as a person with a disability, you also havesignificant responsibilities to yourself and to your employers, supervisors, mentors,

and co-workers. Some of these rights and responsibilities are outlined in the chart below:

You have the right to You have the responsibility to


• Seek information about hiring practicesfrom any organization.

• Choose to disclose your disability at anytime during the employment process.

• Receive appropriate accommodations in aninterview so you may demonstrate yourskills and abilities.

• Be considered for a position based on yourskill and merit.

• Have respectful questioning about yourdisability for the purpose of reasonableaccommodation.

• Be self-determined and proactive.

• Disclose your need for accommodation ifyou desire any work-related adjustments.

• Search for jobs that address your skills andabilities.

• Inform the manager or interview panelabout your need for appropriate interviewaccommodations in a timely manner.

• Identify appropriate and reasonableaccommodations for an interview.

• Negotiate reasonable accommodation(s)with an employer at the point of job offerand beyond.

• Bring your skills and merits to the table.

• Be truthful, self-determined, and proactive.

RIGHTS AND RESPONSIBILITIESAdapted from <http://sites.uws.edu.au/rdlo/disclosure/education/prior.htm>. _

7-10



R ead the following examples and determine a course of disclosure for each potential jobseeker. First determine whether or not it is necessary for the job seeker to disclose his orher disability. Then think about the “why,” “when,” “what,” “to whom,” and “how”

questions discussed earlier in this unit. Write your responses on the lines provided. If possible,share your answers with a group of your friends or classmates.

1. Linda’s emotional disability has recently worsened and it has become difficult for her to per-form some aspects of her job. Her psychiatrist has made some recommendations to herregarding changes in her work schedule.

Disclose? ________________________________________________________________________

Why? ____________________________________________________________________________

When? ____________________________________________________________________________

What? ____________________________________________________________________________

To whom? ________________________________________________________________________

How? ____________________________________________________________________________

2. Jamal’s schizophrenia has been well controlled by medication for the past three years. Herecently graduated from college with a 3.5 grade point average (GPA) and is ready to applyfor a job in the graphic design field, but he’s a bit nervous.

Disclose? ____________________________________________________________________________

Why? ______________________________________________________________________________

When? ______________________________________________________________________________

What? ______________________________________________________________________________

To whom? __________________________________________________________________________

How? ______________________________________________________________________________




3. Carl uses a guide dog. He was recently called for an interview at a local IT firm.

Disclose? ________________________________________________________________________

Why? ____________________________________________________________________________

When? ____________________________________________________________________________

What? ____________________________________________________________________________

To whom? ________________________________________________________________________

How? ____________________________________________________________________________

4. Andrea has been offered a part-time job as a bank teller. She has a hearing aid, is able to readlips, and speaks well.

Disclose? ________________________________________________________________________

Why? ____________________________________________________________________________

When? ____________________________________________________________________________

What? ____________________________________________________________________________

To whom? ________________________________________________________________________

How? ____________________________________________________________________________

5. Josephina has arranged an interview with the supervisor of a large department store to dis-cuss a position as a sales clerk. She wonders how much her learning disability in math willaffect her ability to run the cash register and give correct change.

Disclose? ________________________________________________________________________

Why? ____________________________________________________________________________

When? ____________________________________________________________________________

What? ____________________________________________________________________________

7-12



To whom? ________________________________________________________________________

How? ____________________________________________________________________________

6. Francisco has scheduled an interview at a small non-profit organization. He wonders if thebuilding will be accessible for his wheelchair.

Disclose? ________________________________________________________________________

Why? ____________________________________________________________________________

When? ____________________________________________________________________________

What? ____________________________________________________________________________

To whom? ________________________________________________________________________

How? ____________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

NOTES 3

k



R esearch shows that having a disclosure “script” and practicing it with friends, teachers,relatives, and mentors will be of great benefit to you when the time actually comes totell. Most people find that it is easier to talk about the impact of having a disability

rather than offering a formal or clinical definition.

To help you practice explaining yourdisability, write your explanation down. Youmay have to do this several times before ittruly says what you want to say, in a way thatsomeone who knows very little aboutdisabilities will understand. Use additionalpaper if needed.

Here are some questions and hints to thinkabout while preparing your disclosurepractice script:

• Write about your positive attributes orstrengths first.

• Identify the limitations or challenges youface at work because of your disability.

• Identify which accommodations haveworked best for you in the past and why.

• Consider how your disclosing can help thebusiness employer and your co-workers(try to put yourself in their shoes).

• End the script with positive points.



When arranging for a job interview, a young man who uses a wheelchair might say,“I’m really looking forward to this interview and I am checking

to make sure that the interview room can accommodate my wheelchair.”

During the interview, a person with a hearing impairment, who can lip-read, isconcerned about communicating on the job. She might say,

“I can lip-read in face-to-face interaction, but will need TTY services and devices when using the phone.”

An employer expresses concern about a worker’s productivity.The worker might say,

“I am having more difficulty than I anticipated keeping up with my co-workers because of my learning disability. In the past,

it has helped to work alongside an experienced mentor.”

|

7-14



My script: __________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________|



Y ou may not have heard of One-StopCareer Centers. They are Centersdesigned to provide a full range of

assistance to job seekers under one roof. One-Stop Career Centers offer training, careercounseling, job search opportunities, job

placement services, and other employment-related services. If you go to a One-Stop forsome free training offered, you may work onyour interviewing skills, résumé writing, orlearn about the resources available in yourcommunity, among other things.

Complete the steps listed below:

1. Log on to <http://www.servicelocator.org>. Click on “Find a One-Stop Career Center” andenter your zip code. Record the One-Stop Career Center closest to your home:

____________________________________________________________________________________

____________________________________________________________________________________

2. Make travel arrangements to visit the One-Stop Career Center to see which services areavailable to you. Check one:

_______ I can get there independently

_______ I will ask______________________________for a ride

_______ I will take public transportation

3. Meet with the resource room counselor to discuss the services available to you at the Center.

I met with ________________________________________________________________________

His/her contact information (telephone/email) is: ______________________________________

4. Ask for a tour of the resource room. When I toured the resource room, I noticed threethings that may help me in my job search. They were:

1. ________________________________________________________________________________

2. ________________________________________________________________________________

3. ________________________________________________________________________________

ACTIVITY: VISIT YOUR LOCAL ONE-STOP CAREER CENTER

7-16



5. Find out about the classes and programs available to you at the One-Stop. Depending onyour age, your disability, and your financial situation, different options may be available.

I might be able to take advantage of these generic classes, which are available to everyone:

1. ________________________________________________________________________________

2. ________________________________________________________________________________

3. ________________________________________________________________________________

The following additional services are offered to me because I am a person with adisability:

1. ________________________________________________________________________________

2. ________________________________________________________________________________

3. ________________________________________________________________________________

I can take advantage of the following services because of my age:

1. ________________________________________________________________________________

2. ________________________________________________________________________________

3. ________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

NOTES 3


T he purpose of Unit 8 is to explore the need and the circumstances that surrounddisclosing your disability to community members and friends in social situations. Inaddition, this unit clearly answers the following specific disclosure questions: why, when,

what, to whom, and how to disclose in social settings. Terminology provided in this unit willhelp you better answer these questions. We strongly suggest that you read the discussionsection focusing on “why to disclose” on page 8-3.

Y ou might know some of these words already, or you might just have heard them inpassing. First, define these words as you understand them. Then check your definitionsagainst the glossary that is located in the back of this workbook. The following terms are

used in Unit 8:

Community __________________________________________________________________________

____________________________________________________________________________________

Role model __________________________________________________________________________

____________________________________________________________________________________

GOAL

TERMINOLOGY

Unit 8: Disclosure in Social and

Community Settings…Why, When, What, to Whom, and How?

Community

Role model

Trust

Frustration

X

8-2

UNIT 8: Disclosure in Social and Community Settings…Why, When, What, to Whom, and How?


Trust ________________________________________________________________________________

____________________________________________________________________________________

Frustration __________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

NOTES 3

k



S ocial and community environmentshave barriers that sometimes preventpeople with disabilities from spending

time outside their home, socializing and goingout with friends, and participating incommunity or civic events. Speaking aboutyour disability in social settings can be hardand sometimes frustrating, because many ofthe barriers you will face in social settings arepeople’s attitudes, beliefs, and inexperience. Itis important to understand how yourdisability and disability-related needs caninfluence your participation in yourcommunity and other social activities (such asrecreation, leisure, civic, religious, andpolitical activities).

It may be necessary for you to disclose yourdisability to friends or community membersand in social situations in order to participatefully in everything your community has tooffer. It will be important for you to be able toexplain your disability in several differentways, and to change the way you talk aboutyourself in different situations. For example,talking about your disability to your soccercoach or Scout leader is very different fromtalking about yourself at a party or tosomeone you may want to date. The self-determination skills and informed decision-making skills discussed earlier in thisworkbook are important skills to have whendeciding whether to disclose or not.

Again, this is where informed decision-making comes into play. You will need tounderstand your own feelings, and balancethem out with the information you haveabout the specific situation you are in at thetime. The more questions you ask, the moreyou will know that the decisions you makeare right for you.

Some examples of why you may choose todisclose in a social or community settinginclude (but are not limited to) the following.You may wish to

• start new relationships with honesty;

• discuss specific needs in order to identifyneeded accommodations in the community;or

• receive any necessary assistance that may be needed while participating in communityor social activities.

Remember that it is not essential to divulgespecific personal information about yourdisability. What is most important andhelpful is to provide information about howyour disability affects your capacity toparticipate in social and communityactivities, and the supports that are neededto allow you to participate fully.

WHY TO DISCLOSE IN SOCIAL SETTINGS

8-4



T here may be times when you decide todisclose in social or communitysettings. The following list includes

some possibilities:

• Going with your friends to a concert

• Planning a date with someone

• Meeting your mentor for lunch

• Meeting new people, or starting newrelationships

• Joining community clubs or activities

R emember that what you disclose aboutyourself is a deeply personal issue andyou don’t have to share everything

with everyone. You should think about whatyou want people to know and to think aboutyou. It will be helpful if you describe yourdisability and related needs in honest andpositive terms. You want people to feel goodabout interacting with you, not from a pointof pity or helplessness but one of beingincluded.

Preparation is essential when planning todisclose your disability. Think about thescripts you prepared in Unit 6 and Unit 7. Isyour information presented in a clear andconcise way, a way that is relevant to yoursocial and community life? If it is, TERRIFIC!If not, make some changes and then practicethe disclosure script. Don’t forget that it is notnecessary to disclose every detail of yourmedical or personal information even to yourfriends, but be open and honest in yourdiscussion. Some people may feeluncomfortable with talking about your

disability, which may hurt or make you angry,but your positive presentation can help putthem at ease. Be prepared, but be flexible inhow you talk about your disability in differentsettings.

You may wish to present the followinginformation about your disability to friends,acquaintances, or community members:

• General information about your disability

• Why you’ve chosen to disclose yourdisability to them, including its impact onyour social life and community involvement

• The type of accommodations that haveworked for you in the past, or that you mayneed in the future

• Positive examples of how you can becomemore involved in your community, andwhat community involvement means to you

WHEN TO DISCLOSE IN SOCIAL SETTINGS

WHAT INFORMATION TO DISCLOSE IN SOCIAL SETTINGS



A s a person with a disability, you maychoose to disclose your disability to avariety of other community members.

Oftentimes, disclosure may be made to thefollowing individuals (among others):

• Friends and acquaintances

• Relatives

• Owners or staff members of variousbusinesses (such as grocery stores, banks, orclothing stores)

• Public transportation staff

• Parks and recreation staff

• Events coordinator

• Mentors or role models

There are certain questions that you can askyourself to help you decide which person orpersons to share this information with, suchas the following:

• Do I have respect for and trust in thisperson’s keeping my disclosureconfidential?

• Is disclosure essential to our relationship?

• Does this person have the power todetermine how reasonable a request for anaccommodation is?

• Can the person provide the requiredaccommodation(s)?

• Is this person going to use informationabout my disability to support me or harmme?

Remember that it’s important to select aprivate, confidential, comfortable place todisclose, and to allow enough time todiscuss the impact of your disability. Theperson(s) you are disclosing to might havequestions, suggestions, or concerns thatrequire additional discussion.

TO WHOM TO DISCLOSE IN SOCIAL SETTINGS

8-6



W e’ve talked a great deal about the rights afforded to you as a person with adisability. Something very important to remember is that, as a person with adisability, you also have significant responsibilities to yourself and to others in

your community.

You have the right to You have the responsibility to

RIGHTS AND RESPONSIBILITIESAdapted from <http://sites.uws.edu.au/rdlo/disclosure/education/prior.htm>.

• Be treated fairly and in a non-discriminatory fashion.


• Work collaboratively with others to identifynecessary supports for your success.

• Obtain information about disability supportservices as well as physical andprogrammatic access in communitysettings.


• Investigate and fully understand yourdisability and disability-related needs asthey pertain to community living and socialactivities.

• Find out about options for accessing thecommunity settings of your choice.

• Advise community members and friends ina timely manner of your accommodationand support needs.

• Understand that community members andfriends may not be able to address yourneeds effectively if you do not present themin a timely manner.


_



R ead the following examples and determine each person’s course for disclosure. First,determine whether or not it is necessary for the person to disclose his or her disability.Then think about the “why,” “when,” “what,” “to whom,” and “how” questions. Write

your answers on the lines provided. If possible, share your answers with a group of your peersor classmates. Remember that there are no “right” or “wrong” answers, because choosing todisclose is a personal, individual decision!

1. Yvonne wishes to join an after-school business club that meets at the public library two daysper week. Most of the students walk to the library after school (the library is located withinwalking distance of the school). Yvonne has a mild form of cerebral palsy and can walk withthe use of a cane. She is able to maneuver around the school, but is concerned about the walkon the sidewalk to the public library. She is very excited about joining the club but is con-cerned about the walking.

Disclose? ________________________________________________________________________

Why? ____________________________________________________________________________

When? ____________________________________________________________________________

What? ____________________________________________________________________________

To whom? ________________________________________________________________________

How? ____________________________________________________________________________

2. Matthew and his friends from college have decided to attend a movie festival next weekend.Michael wears glasses, but his friends do not know that Michael has a severe visual impair-ment and must get preferred seating when he watches movies. In order to see the movies, hewould need to sit very close to the screen.

Disclose? ________________________________________________________________________

Why? ____________________________________________________________________________

When? ____________________________________________________________________________

What? ____________________________________________________________________________


8-8



To whom? ________________________________________________________________________

How? ____________________________________________________________________________

3. Denise has difficulty reading. She receives accommodations for classes but has trouble whenreading restaurant menus, buying movie tickets, or grocery shopping. She is getting ready forher first date, which will be tomorrow night. Denise is nervous about her date’s suggestion ofdinner and a movie.

Disclose? ________________________________________________________________________

Why? ____________________________________________________________________________

When? ____________________________________________________________________________

What? ____________________________________________________________________________

To whom? ________________________________________________________________________

How? ____________________________________________________________________________

4. Brian has epilepsy and takes medication to control his seizures. Lately, he has been havingseizures more frequently because his doctors are adjusting his medication. He has never dis-closed that he has epilepsy to most of his friends at school, but is now worried that he mighthave a seizure at the senior prom, which is in three weeks. He has a date and still wants to go,but he is concerned that his friends will discover that he has epilepsy.

Disclose? ________________________________________________________________________

Why? ____________________________________________________________________________

When? ____________________________________________________________________________

What? ____________________________________________________________________________

To whom? ________________________________________________________________________

How? ____________________________________________________________________________



5. José has registered to vote in the next presidential election. He has received notification of hiselection location. Because of his paralysis, he will need assistance in the voting booth. OnElection Day, he cannot find someone he trusts to accompany him to vote.

Disclose? ________________________________________________________________________

Why? ____________________________________________________________________________

When? ____________________________________________________________________________

What? ____________________________________________________________________________

To whom? ________________________________________________________________________

How? ____________________________________________________________________________

6. Keri has ADHD. She has just moved to a new city and is making new friends. Keri tends tooverbook her social activities and consequently is often late meeting her friends or forgets tocome at all. Her friends are becoming frustrated with her.

Disclose? ________________________________________________________________________

Why? ____________________________________________________________________________

When? ____________________________________________________________________________

What? ____________________________________________________________________________

To whom? ________________________________________________________________________

How? ____________________________________________________________________________

8-10



R esearch shows that having a disclosure “script” and practicing it with friends, teachers,relatives, and mentors can be of great benefit to you when the time actually comes to tell.Most people find that it is easier to talk about the impact of having a disability than to

offer a formal or clinical definition.

To help you practice explaining yourdisability, you might find that it helps you towrite the explanation down. You might haveto do this several times before the explanationreally says what you want to say, in a way thatsomeone who knows very little aboutdisabilities will understand. Use additionalpaper if needed.

Here are some questions and hints to thinkabout while preparing your practicedisclosure script:

• Discuss what your disability is all about(including both strengths and limitations).

• Discuss how your disability affects yoursocial or community life currently.

• Discuss what you’d like your social orcommunity life to include.

• Identify ways in which communitymembers or friends can best accommodateyou in social settings.

• Explain what your greater participation inthe community can do for others.



Someone with dietary restrictions as a result of diabetes is invited to celebrate a friend’s birthday with cake and ice cream.

She might say, “Because of my diabetes I can’t eat sugary foods, so if you don’t mind

I’ll bring some sugar-free snacks for myself and to share with everyone else.”

Since Tom uses a wheelchair, he has difficulty carrying objects in both hands. When he goes to a fast food restaurant with his friends,

he might say to the cashier,“Put my order in a bag.”

|



My script:____________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________|

8-12



____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

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____________________________________________________________________________________

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____________________________________________________________________________________

____________________________________________________________________________________

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NOTES 3

k

G-1The 411 on Disability Disclosure

UNIT 1

Accommodation — Modifications oradjustments to the work environment or tothe circumstances under which a particulartask is customarily performed that enable aqualified individual with a disability toperform the essential functions of thatposition (including jobs, education, andcommunity involvement).

Goals (short-term and long-term) — The endtoward which effort is directed; oftentimes,goals are constructed for short-term timeperiods or long-term time periods.

Informed choice — The process by which anindividual arrives at a decision. It is aprocess that is based upon access to, andfull understanding of, all necessaryinformation from the individual’sperspective. The process should result in afree and informed decision by theindividual about what he or she needs.

Respect — A feeling of high regard, felttoward people, ideas or things that areimportant to you; this includes a properrespect for oneself as a human being.

Self-determination — The right and ability ofall persons to direct their own lives, as wellas the responsibility to accept theconsequences of their own choices. Some ofthe skills that make someone self-determined or a successful self-advocate arethe following:

• knowledge of one’s strengths and limitations

• belief in one’s ability to achieve goals

• ability to start and complete tasks

• ability to assertively assert one’s wants,needs, and concerns

• ability to make decisions and see other options.

Values — Those items we highly regard orrate in usefulness, importance, or generalworth.

UNIT 2

Confidential — Information that is private orsecret to oneself.

DisclosureGLOSSARY

X

G-2

Disclosure GLOSSARY


Disclosure — The act of opening up,revealing or telling.

Sensitive information — Information thatmay be sensitive or confidential to someone.Often, sensitive information may concernyour personal business (for example,finances, family, health, or work).

UNIT 3

Advantages — Benefits resulting from aparticular course of action.

Disadvantages — Unfavorable, inferior, orprejudicial conditions that result from aparticular course of action.

Impact — To impinge upon or haveconsequences because of involvement orrelease.

Self-image — One’s conception of oneself orof one’s role; self-image may be positive ornegative.

Self -advocacy— The process by whichsomeone supports his or her ideals, beliefsor oneself.

UNIT 4

Accessible — Providing access to or capableof being reached or used; may also be usedto describe architecture that can be reachedor utilized by everyone, including thosewho use a wheelchair, a walker, or a cane.

Adult services — Services needed for peoplewhen they reach adulthood; these servicesoften include (but are not limited to)assistance in finding a job, assistance in the

home, assistance at work, and provision ofvarious therapies or medications.

Compensatory Strategies — Actions onemay take in order to offset difficulties aperson may experience.

Disability (under the ADA) — A physical ormental impairment that substantially limitsone or more major life activities, including(but not limited to) walking, eating,speaking, breathing, working, standing, orthinking.

Discrimination — Prejudiced or prejudicialoutlook, action, or treatment against otherpersons, ideas, or ethics.

Eligibility — Criteria or requirements whichdetermine a right to participate in aparticular activity, service or program.

Entitlement — A right to benefits specifiedespecially by law or contract; a governmentprogram providing benefits to members of aspecified group; funds supporting ordistributed by such a program.

Free appropriate public education (FAPE) —The services to which every person agesthree to 21 who is receiving specialeducation services is entitled during theiryears in school.

Hidden disabilities — Disabilities that areinvisible on the outside but that may limitan individual’s ability to function effectively.

Visible disabilities — Disabilities that aremore apparent to someone else because ofexterior appearance.

UNIT 5

Disclosure GLOSSARY

G-3The 411 on Disability Disclosure

UNIT 5

Accommodation — Any strategy that gets ridof or lessens the effect of a specific barrier.

Barriers — Something immaterial thatimpedes or separates; could be described asan obstacle.

Modification — An alteration in an object,environment, or activity that results inincreased usability. The making of a limitedchange in something; the result of such achange.

UNIT 6

Access — Access implies the ability to find,manipulate, and use information, an object,a place, a service or a program in anefficient and comprehensive manner. Accesscan be programmatic or physical.

Assistive technology — According to theAmericans with Disabilities Act, assistivetechnology is “any item, piece ofequipment, or system, whether acquiredcommercially, modified, or customized, thatis commonly used to increase, maintain, orimprove functional capabilities ofindividuals with disabilities.” Assistivetechnology helps people with disabilities tocomplete daily living tasks independently,assists them in communicating with otherindividuals, and provides access toeducation, employment, and recreation.

Disability support services — An office in apostsecondary institution that providesnecessary information to students who needaccommodations. In addition, these officesprovide training to faculty and staff ondisability issues.

Disclosure script — Something that isfollowed or read from that will outline thesensitive information you are revealing.

Postsecondary — Term used to describesettings that follow high school (such astrade school, college, or employment).

Responsibility — Moral, legal, or mentalaccountability; may also be reliability ortrustworthiness.

Rights — The power or privilege to whichone is justly entitled.

UNIT 7

Essential functions — Tasks that arefundamental and necessary to theperformance of a given job.

Job accommodations — Modification oradjustments specific to the workenvironment, or to the manner ofcircumstances under which the positionheld or desired is customarily performed,that enable a qualified individual with adisability to perform the essential functionsof that job.

Mentor — Someone whom you trust, andwho can serve as an advocate or guide.

One-Stop Career Center — Centers designedto provide a full range of assistance to jobseekers under one roof. One-Stops werecreated under the Workforce Investment Actand offer training referrals, careercounseling, job listings, and similaremployment-related services.

G-4

Disclosure GLOSSARY


Self-accommodate — To provideaccommodations for oneself rather thanrequesting accommodations fromemployers, professors, or other persons inthe community.

UNIT 8

Community — A group of people livingtogether within a larger society; oftendescribed in terms of particular environments(such as stores, banks, parks, or churches).

Frustration — Sense of insecurity anddissatisfaction brought about by problemsthat are not fixed or needs that are not met.

Role model — A person whose behavior in aparticular position (for example, a student oran employee) is regarded highly or is imitatedor looked up to by others.

Trust — Assured reliance on the character,ability, strength, or truth of someone orsomething.

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

NOTES 3

k

An equal opportunity employer/program. It is against the law for the Division of Vocational Rehabilitation (VR) of the Florida Department of Education, as a recipient of Federal financial assistance, to discriminate against any individual in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief.

The application process used by VR to determine eligibility for services, any subsequent services, and the entire VR process are subject to these non-discrimination requirements. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment or via the Florida Relay Service at 711.

2002 Old Saint Augustine Road, Bldg. ATallahassee, Florida 32301-4862(850) 245-3399 (Voice and TTY)(800) 451-4327 (Voice and TTY)

www.Rehabworks.orgwww.FLJobConnections.com

03/2009

What is Vocational Rehabilitation?

Vocational Rehabilitation (VR) is a federal-state program that works with people who have a physical or mental disability to prepare for, gain, or retain employment. VR is committed to helping people with disabilities find meaningful careers.

hoW can i Find a VR oFFice?

Locate the VR office nearest to you by going to www.rehabworks.org and clicking on the VR Office Directory. There is a VR counselor assigned to every high school in Florida.

checklist

studentsFoR

What type oF assistance May be

aVailable FRoM VR?Medical and Psychological ■Assessment

Vocational Evaluation and Planning ■

Career Counseling and Guidance ■

Work Experience While in High School ■

Training and Education After ■High School

Job-Site Assessment and ■Accommodations

Job Placement ■

Job Coaching ■

On-the-Job Training ■

Supported Employment ■

Assistive Technology and Devices ■

Time-Limited Medical and/or ■Psychological Treatment

tRansitioningto

adult liFeThe Department of Education Division of Vocational Rehabilitation is a proud partner in Florida’s Next Generation Strategic Plan for education.

The following is a checklist that may help you with your transition needs. This is only a basic guide. The important part is remembering to stay involved in the transition process to ensure that your needs and goals are addressed so you can prepare for life after high school.

age 14-15 __ Learn more about your disability,

including your strengths and accommodation needs.

__ Participate in transition planning by preparing for and attending your scheduled Individual Educational Plan (IEP) meetings.

__ Create a picture of where you are today and set goals for your future.

__ Gather information from your school and area agencies that serve youth with transition needs.

__ Discuss diploma options in 8th grade or by age 14 and their impact on training and employment after you graduate.

__ Research employment and career opportunities by visiting your local One Stop Career Center or visit www.floridajobs.org.

__ Find part-time jobs to gain work experience and begin building your career portfolio.

__ Ask about career exploration, job training, mentoring opportunities, volunteering and work experience offered through your high school and in the community.

age 16-17 __ Participate in your transition planning

by preparing for and attending your scheduled IEP meetings.

__ Invite Vocational Rehabilitation (VR) and other agency representatives who may participate in post high school planning to your IEP meeting.

__ Discuss your transportation plans for after graduation.

__ Discuss medical and psychological care options to meet your needs after graduation.

__ Discuss your post high school living arrangements and needs.

__ Discuss future training and education options.

__ Apply for agency services, as recommended, to assist you with meeting your post high school needs and goals.

__ Review your diploma options and make changes as necessary.

__ Continue to explore careers, gain job training and/or work experience.

__ You may pre-register to vote at 17 and will receive your voter card by mail when you turn 18. For more information visit election.dos.state.fl.us.

__ Address guardianship options, if appropriate.

age 18-22__ Consider applying for Social Security

Disability Benefits (SSI and SSDI). For information, call: (800) 772-1213 (Toll Free) or (800) 325-0778 (TTY).

__ Males must register for selective service. Visit www.sss.gov for more information.

__ Remember that VR can assist eligible individuals with post high school training, job placement, and other services necessary for a successful employment outcome.

Centers for Independent Living

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Clay St. JohnsPutnam

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Pasco

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HillsboroughPolk

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ManateeHardee

DeSotoSarasota

Highlands

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Charlotte

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CIL of the Keys

CIL of South Florida

CIL ofBrowardCIL of

Southwest Florida

Coalition for Independent

LivingOptionsSunCoast CIL

CIL of Central FloridaSatellite Office

Caring & Sharing

Self-Reliance

Space Coast

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CIL of Central Florida

Independent Living Resource Center

of Northeast Florida

CIL of North Central Florida

CIL of Northwest

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Disability Resource Center

Ability 1st

disAbilitySolutions for Independent

Living

CONTACT INFORMATION FOR THE FLORIDA NETWORK OF CENTERS FOR INDEPENDENT LIVING CIL of Northwest Florida 3600 North Pace Blvd. Pensacola, FL 32505 (850) 595-5566 Voice (850) 595-5566 TDD (850) 595-5560 Fax (877) 245-2457 Toll Free ://www.cilnwf.org/ Escambia, Okaloosa, Santa Rosa, and Walton Counties Disability Resource Center 625 Highway 231 Panama City, FL 32405 (850) 769-6890 Voice (850) 769-6891 Fax (850) 869-1513 TTY ://www.drcpc.org/ Bay, Calhoun, Franklin, Gulf, Holmes, Jackson, Liberty, and Washington Counties Ability 1823 Buford Court

Tallahassee, FL 32308 (850) 575-9621 Voice (850) 576-5245 TDD (850) 575-5740 Fax ://www.ability1st.info/ Gadsden, Jefferson, Leon, Madison, Taylor, and Wakulla Counties CIL of North Central Florida 222 SW Gainesville, FL 32607

Terrace

(352) 378-7474 Voice (352) 378-5582 Fax (800) 265-5724 Toll free ://www.cilncf.com/

http://www.cilnwf.org/�

http://www.drcpc.org/�

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Alachua, Bradford, Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, Lafayette, Levy, Marion, Putnam, Sumter, Suwanee, and Union Counties Independent Living Resource Center of Northeast Florida 2709 Art Museum Dr. Jacksonville, FL 32207 (904) 399-8484 Voice (904) 399-8484 TTY (904) 396-0859 Fax (888) 427-4313 Toll Free ://www.cilj.com/ Baker, Clay, Duval, Nassau, and St. Johns Counties disAbility Solutions for Independent Living 475 S. Nova Rd. Ormond Beach, FL 32174 (386) 671-1960 Voice (386) 671-1961 Fax Flagler and Volusia Counties Center for Independent Living in Central Florida 720 North Denning Dr. Winter Park, FL 32789-3020 (407) 623-1070 Voice (407) 623-1185 TTY (407) 623-1390 Fax (877) 891-6448 Toll Free ://www.cilorlando.org/ Desoto, Hardee, Highlands, Lake, Orange, Osceola, Polk, and Seminole Counties Caring and Sharing Center for Independent Living 12552 Belcher Rd. S. Largo, FL 33773 (727) 577-0065 Voice (727) 577-0065 TTY (727) 539-7588 Fax (866) 533-7558 Fax Free (866) 539-7550 Toll Free (727) 384-6346 Voice ://www.cascil.org/

http://www.cilj.com/�

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Pasco and Pinellas Counties Self-Reliance Center for Independent Living 8901 N. Armenia Ave. Tampa, FL 33604 (813) 375-3965 Voice (813) 375-3972 TTY (813) 375-3970 Fax ://www.self-reliance.org/ Hillsborough County Space Coast Center for Independent Living 803 North Fiske Blvd., Suite B Cocoa, FL 32922-7323 (321) 633-6011 Voice/TTY (321) 633-6472 Fax Brevard and Indian River Counties SunCoast Center for Independent Living 2989 Fruitville Rd. Sarasota, FL 34237 (941) 351-9545 Voice (941) 351-9943 TTY (941) 351-9875 Fax (800) 299-0297 Toll Free ://www.scil4u.com/ Manatee and Sarasota Counties Center for Independent Living of Southwest Florida 2830 Winkler Ave Unit 201 Fort Myers Florida, 33916 (239) 277-1447 Voice (239) 277-3964 TTY (239) 277-1647 Fax (888) 343-6991 Toll Free ://www.cilfl.org/ Charlotte, Collier, Glades, Hendry, and Lee Counties

http://www.self-reliance.org/�

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Coalition for Independent Living Options 6800 Forest Hill Blvd. West Palm Beach, FL 33413 (561) 966-4288 Voice (561) 641-6538 TTY (561) 641-6619 Fax ://www.cilo.org/ Martin, Okeechobee, Palm Beach, and St. Lucie Counties Center for Independent Living of Broward 4800 N. State Road 7 Ste 102 Lauderdale Lakes, FL 33309 (954) 722-6400 Voice (954) 735-0963 TTY (954) 735-1958 Fax ://www.cilbroward. Broward County Center for Independent Living of South Florida 6660 Biscayne Blvd. First Floor Miami, FL 33138 (305) 751-8025 Voice (305) 751-8891 TTY (305) 751-8944 Fax ://www.soflacil.org/ Miami-Dade County Center for Independent Living of the Keys 103400 Overseas Hwy. Suite 243A Key Largo, FL 33036 (305) 453-3491 Voice (305) 453-3488 Fax (877) 335-0187 Toll Free ://www.cilkeys. Monroe County

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Case Manager's Toolkit^Saving r ime, money & l ives*

02009 Center for Career Freedom

Case Manager's Guide To Government Benefits{- For Single Adults 18-64; Living Alone {-

Determini ng Eligi bility for Benefits De mys tifyin g Gove rn me ntWork Incentives

The eight work incentive programs summarized below tocus on single adults (1864), living alone. Though the SocialSsuity AdministEtion continues to claim these inentiv6 are effective, less than onehalf of one perent of the overtwelve million SSI & SSDI Recipients ever work their way off their benefits. (SSA, 2007, Annual Statislical Report)

Ticket to Work And Self-Sufficiencv Proqram .

Itftat it does: Allows beneficiaries to attempt to work above SGA ($700iMo.) without fear of triggering a review of theirdisability slatus (CDR) for a period of five yearsErgf:birrtyiAdult SSI & SSDI Rtripients (18€4)Reslr?liorsr Must eam at least $670/mo. for three months in year two, for six months in year three and for nine monlhsin year four & five, to maintain (CDR) exemption. Must continue to meel eamed ircome caps; $980/Mo. for SSDI (no€source cp) and $1,640/fu1o. for SSI Recipients; $2,000 resource epCurent * ol Enrolleesj One tenth of one percent (2008)Ref"rerce; SSA.Gov; Publication No. 05-10060, January 2009

'1619 (B) Extended Medicaid CoveraoeWhat it does: Extends Medi€id coverage beyond the break-even point ($1640/Mo.) up to lhe threshold amount($43,636f/r. in NYS). "lt d@s not help a working recipienl keep more of his/her SSI cash payment"E rgrbrrrtyr SSI Rsipients who eam at least $1,640/Mo. ($1 9,680'r. )Rstrictions:'lndividuals who are utilizing the Smtion 1619 (b) work incef,tive provision do not fseive SSI payments -beuse their ircome is over the'Break-Even Point'($1,640/Mo.)'Cur$t* of Enroil@sj One percent of the almost six million SSI RecipientsRefeHce; SSA.Gov: Publication No. 05-10095. Januarv 2009

Pass PlanWhal it does: Allows SSI beneficiaries to set aside eamed income which will reduce their dependence on SSl, e.g.education, job training, a @mpuler, a car, etc. and, not have these monies @unt as SGA income or re$uresE igibirilyi SSI RecipientsR6fnclionsi Funds €n only be used for the sptrified seryic or items. Detailed remrds and receipts musl be kept.Some expenditures may be deniedCurst # of Enrcll#.' Less lhan one percent. None in I.IYSRefcrme; SSA.Gov; Publication No. 05-11017, January 2009

lmpairment Related Work Exoensesu?hat rt doe-s.' Redues countable eamings (thereby increasing the monthly SSI b€nefit) for mrk related expenses, e.g.attqdant Gre, transportation, drugs and medi€l services, physi€l theGpy, etc.Restrrbtbns.' Must be work related. paid by rrcipist and not reimbursable by Medi€id, Medimre, family, etc. No timelimilCuff$t* ol Enrctleesi 2olo of all SSI EnrolleesRelbrence: SSA: 2009 Redbook

Subsi{tiesllyhat it do6: The employer pays more in wages than the value of the seryices perfomed, e.g. a higher pay $ale,shorter houE, lews or easier job duties, extra iob supports, OJT tEining, less or lower quality rcrk, ftequenlly absent,etc.Er?rbt ity; SSI & SSDI Rsipients. Any typ€ of employmenti sheltered, supported or prjvateRetums SSA.Gov' 2009 Redbook

Medicaid BuvJnWat it does: Allows SSI Rsipients to eam up to $55,188/yr. and retain up to $13,800 in resources and avoid theMedicaid spen&own and, still kep all their Medj€id benetits. Curent moratorium on premiumsE igNtity:Med,iatd Rsipienls who are workingCumt * ot EnrcAes; 6,000 in '08Refumce.' w.health.siate.ny. us/medicaid buy-in

Work Oooortunitv Tax Greditfttatitdoes.'A federal lax credit ot up to $2,400 tor employers who hire rcrkers with disabililiesR€ferencei M.doleta. gov

HUD Eamed Income DisallowanceWhat it cloes: Erclldes earned income from HUD's 30o/o rent increase rule; 100% in year one, 50% jn year iwoR€fprcnce: m.hud.gov/housing choice voucher program

.lwww.econ o m I csotrecove rv.o r-'E '

Has the personbeen diagnbsed with

a mentil/physicaldisabil it j ,? nppry r. ti,T3fi:?g Assistance

Typical benef i ts i nclude:. Up to $zoo/mo. personal needs al lowance. Medicaid and Van

' Drop-ln / Shelter / Housing

' Up to $uoolmo. in food stamps

'Job ski l ls training and placement

Has the personworked a-total oflOyears (aO Qtrs)or more in their

l i fet ime?And, at least 5 out of the last ro yrs?

npply for SSITypical benef its include:. $76rlmo. disability income. Medicaid. 5ec.8 / 5helter Plus housing. Up to $zoolmo. in food stamps. {z price bus, train and subway farer job skil ls training, placement and supports. Supported education

Apply for SSD|Typical benef its i ncl ude:. irooo/month disability income (average)

' Medicare (24 mos. after disability start date). Prescription Drug Plan (Part D). Sec. 8 / Shelter Plus housing. Half-price bus, train and subway fare. Job skills training, placement and supports.Supported education

YES NO

YES NO

Case Manager's Toolkit^Saving r ime. money & l ives-

Case Manager's Benefits Guide

ss{. For Single Adults 18-64; Living Alone {.

SSISupplemental Security Income

Disability and Less than ro Years Lifetime Wages

DISocial Security Disabil ity InsuranceDisabilfty and rc Years or more of Lifetime Wages

a, Eligibility: A medied dsattlity 0rat prevenb you from ergeingh compeffive emplryrned for $e next t$reh/e monhs and, wfier€ youhae furty quar&rs a mae of vror* ft'story. Oher resbic{ions tnay applyC;olo: tv*w.*.gan, Uten pnnt out bnn; SSA€I168€KCall 1{X}772-1213 for ar 4pr$tnentM6t app$cafnns are denied md must be ryled; see "Legafl belol

Wage limitl $gsollo. No limit fc 1$ twelve mmtrs; No Resource LimitAvrage awrd: $1qxymo.

MediCal: iledcare/lltlo; 6,ers hpatient, or@ient and dW plan(up to $270sY4 CGpaF. App6ca00n in&ded h SSA.3IFaBK. 24m0.fi vraitCd Medcre @1ffiUnl with ques{ions

Psychiatdc Emagencies: Potice/Fire: 911lloHe Crbis Team: 91.1-49$7075 . &ickfe Pralention llodine: 9143476'1fl)

Education, Job Tnining and Employment:VESID: 94&13'13 . iIYS Depatnent of t bon 99$3910Orc-Stop Employmart Cents 99S3910 , Alen; *rncnigslistug

FOOd: See "FoodPardrbs" in phone bookSSDI redpknb are us$ ttd dilble fc Food Slamps

TrampOftation: oisaM % Fare card: 99$856% Fare, 16T A TrairdsrtrilaryiBrs Pass; I€&HIF|ROCARDPara Transt 99$212

Housing:> IhOpin; rc wait, m cost, catl oSS @ 99+5000> SheltA; m uai! rud sip orer SSI/SSO 6ecks, cdl DSS @ 99t5m> YXI's/Y1fs; $1s06sstno . see phm€ book> SUppOrd; hnreless ard psychi*ic disab$ty cd DCIIH @ 99SZl0

Abo see Case ilaragers iixrsing GuiJe @www.wnankxfrwvwy.og, lltilities; con Ed'1specft{service" 1dlo752{6fr}

Legal: SSI Opedq kgd Senices of the t}*on Valb}1 1{Z-57+85a}f-@ Aid Sod$ 1{8&2f86S71 , l'sw Schods; see phorc book

FOtmS: l,afuUe @ wwv.eowriwfrwy.agtrqnlin*

Updates: c* b wvw.*'&chabrgov.un

I Eligibility: A rnedcal disabilif hat pra,enb you from engagftEln competittve anfloyment for he next hrvdve monhs ad, ufise youhae bss fian ten y€ars of wort history. Ofter restidions may applyCzo b: wutw.wgw, then print ort form: SSA33688KCail l&n2-1213 br an appointnentlloO applicat ms are deried and must be appealed; See "Legal" belou,

Wage Limit: i164{yMo. Can keep % of gmss earned income over $8S/ttlo.Resource Limit $2000lto. Average paymenL $761/mo.

MediCal: iledcaid; corers iryatient (Hospital), oulpatiart, dn{s ard denblCepays' Applicalbn ircluded in SSAS1ffiBKCd DSS @ 99$5(m wih Medicaid queslims

Psydiatlic Emergencies: porir,e/Fire: 911Xoble Cri$s Tean: 9'1449&7075 . Suiclie Prcvenlion Hofline: 91rfiX7640)

Education, Job Training and Employment:VESID: 94Sl3l3 . NYS Departnent of kbon 9SS3910Otestop Ettdoytent Cedefi 99$3910 , ltho; www.aaigdistag

Food Stamps: Up to g200ifrto.; Form: LDSS-4826C€il 0SS @ 9S56m0

TnnspOilatiOn: DisaHed % Fare Card: 9s$2956th Fare, l{l A Train6dmay8us Pass; i{0GMEIROCARDPtra Transib W72n . Medicaid Van: call 0SS @ 231.3676

Housing:> Drcpin; m vrait, no cos! call DSS @ 99$5000> Shelbr; m mit, mu* sbn orer SSIISSDI checks, call DSS @ 99$50q)> Ytl's/Ylill; g4s0{g5tt o. . See phone book> SttppOrbd; homdess ild psychiatric disability cdl oCtH @ 99$52U)

Aho see Case ilatagers Holsing Guide @ www.mmidruowy.ag> lltifttieS; Cd| Ed "specidservi:e'1€007524633 . tifetine; $Gle5{t[ega[ SSI apeas; Legat Ss.vices of t|e Hu&on Vallq; l€I/{74{529

t€gd Aid Soci4[ l{8&218{974 , law Schmls; see ptnne bookFOtmS: **AUe @ ntw.*onmicsofiecwery.orgfonfink

UpdateS: 6 b ttwv.westch&rgov.con

I

I

*

I

a a

s *

s.&I

4

*{r

TAWelfare / Temporary Assistance

No Physicalor Mental Disability

Eligibility: Persons in need; po'/erty, homeless, srsstancddcohol abuse. Call DSS @ 99S5000 for appt; Form 1DS92921

Wage Limit: $9otrlo. with prior approwl by DssResource Limit $2000it1o. ($3000 if 60+)$200/il0. max. personal needs allowance

{. Housing:> DlOpin; no wai! no cos! call DSS @ 99S5000> Slrelter; no wail must sign over SSI/SS0| checks, call DSS @ 99$5m0> YM's/YarfE $.tfoogsftto. . See ptrone book> SuppOtbd; cail DCMH @ 99$5220

Ioviry, fumitre dloivance, security deposit, call DSS @ 90$5lXXl> SeclfrXt 8; cornty offce 99$2415,3ff/o oftu|oorne

S€e C6e Maugers Hasiry Gukh @ v,rwur.wtonicdracovery.oq> lJtilitieS; Con Ed "specialservice'"1{q}752{6:13

Tdephorc; f-ibline'; Verizon; 89G1550., FOOd Stamps: Upto $2()0ft10.; Form: LDSSE2lor-4826

cd Dss @ 99s5000* TranSpO*ation: Neoicaio Van: call DSS @ 23t-3676* Emergencies! Police/Fire: 9'tl

Suicide Pr€u€nlion HoUine: 91rf3476400{ Mgdkal: iledbaid; cover inpatient (Hospital), or@ient, drugs and denH

Copays. Apdlcallon included in LOSgAzlCd DSS @ 9S$6000 witr iledicaid questims

{ Education, Job Training and Employment:NYS Departnent of tabon 99$39't0OteStop Empfofnent Centen 99$3910 , Alw; www.cnigslbtug

{. Legal: DSS appeCs: Fair Hearing; 1{10342-3334L@ Services of he Hrdson Valle$ 1{77-574-854Legd /tid Society; 1{8&218{974 . Law Schools; See phone book

8 FOfmS: Avaifaile @ wwvvaorcxtticsdrmveryorgtonftltt** UpdateS: Cfi lD www.weslcheshrgov.cm,

02009 Center for Career Freedom www.econ o m i csofrecov ery.o rgOne East Post Road, White Plains, NY roSol 914.288.9763

coNU|rth.appEpri.t.w.b!it.'b.n.f*.dn*|oror.tton.yfol5F(ifi6.Thi'data-s''fi

General Resource and Self-Help Guide: Individuals with Disabilities Education

Improvement Act (IDEIA), Reauthorized 2004

This resource guide created by FAAST, in partnership with the Florida Brain and Spinal Cord Injury Program and Florida Division of Vocational

Rehabilitation, provides general resource and self-help information to assist in the Individualized Education Program (IEP) process for students

with disabilities, parents, family members, caregivers, guardians, advocates/representatives, and other interested parties.

This resource guide is not a substitute for legal advice

To find a subject or definition of terms that may be of most help to you, please refer to the detailed Table of Contents that provides topics/subject matter and page number references.

December 24, 2009

i

Contents

. INTRODUCTION ..........................................................................................................................3

. FREQUENTLY ASKED QUESTIONS REGARDING SPECIAL EDUCATION PROGRAMS AND LAWS .........3

. What is special education? ................................................................................................................. 3

. What are related services? ................................................................................................................. 3

. What are the key federal and state laws governing special education for children? ......................... 4

. What agencies are responsible for overseeing how school officials are to implement special education laws? ......................................................................................................................................... 5

. What special education programs and services are available for children of different ages? ........... 6

. FREQUENTLY ASKED QUESTIONS REGARDING ELIGIBILITY FOR PROGRAMS AND SERVICES ...........6

. How do I find out if my child is eligible or qualifies for special education programs and services? ... 7

. How do I request an initial evaluation of my child? ............................................................................ 7

. How long does the initial evaluation process take? ........................................................................... 7

. What does the evaluation have to show in order to establish that my child is a “child with a disability” as defined by IDEIA 2004? ........................................................................................................ 8

. Do all children with severely limited academic skills qualify for special education under IDEIA 2004? ......................................................................................................................................................... 9

. Does Section 504 of the Rehabilitation Act, as amended, offer legal protections beyond those provided by IDEIA 2004? ........................................................................................................................... 9

. Are the eligibility requirements for IDEIA 2004 and Section 504 of the Rehabilitation Act of 1973, as amended, the same? ............................................................................................................................. 9

. What rights do children have if they are a “child with a disability” as defined by Section 504 of the Rehabilitation Act of 1973, as amended, but are not eligible for special education under IDEIA 2004? 10

. What are my options if school officials have completed an initial evaluation of my child and they decided that my child is not eligible for special education under IDEIA 2004? ...................................... 10

ii

. What is the next step if the initial evaluation has confirmed that my child is eligible for special education? ............................................................................................................................................... 11

. How often can or will my child be re-evaluated as an eligible child with a disability for special education? ............................................................................................................................................... 11

. Why do school officials have an obligation to identify and evaluate children with disabilities? ..... 12

. Now that my child is qualified for Special Education what services can I expect? ........................... 12

. How do I prepare for an IEP meeting? .............................................................................................. 13

. Are public schools required to provide transportation as a related service to every child with a disability receiving special education? .................................................................................................... 13

. What is “assistive technology” and how is this incorporated into the IEP? ..................................... 14

. What should be addressed within an IEP to ensure that your child is in the least restrictive environment with disabled and non-disabled children? ......................................................................... 16

. Can a public school require a child with attention deficit disorder (or condition) to take medication while at school? ....................................................................................................................................... 17

. Are IEPs developed for children with disabilities attending private schools? .................................. 17

. What happens if a child with a disability transfers from one public school to another within Florida or out of state? ........................................................................................................................................ 18

. What are assessments, accommodations, modifications and alternate achievement standards? . 18

. What is the Enhanced New Needed Opportunity for Better Life and Education for Students with Disabilities (ENNOBLES) Act (HB 1739)? .................................................................................................. 20

. What are transition services? ........................................................................................................... 20

. What are “procedural safeguards?” ................................................................................................. 22

. What if I disagree with the school system? How do I resolve special education disputes? ............ 23

. What is compensatory education? ................................................................................................... 24

. What are the rules regarding the confidentiality of educational records of students with disabilities? .............................................................................................................................................. 24

. What if I need a lawyer or professional advocate to help me navigate the special education process? 25

. Where can I find other general resources? ....................................................................................... 26

. I don’t understand a lot of these educational and bureaucratic terms. Where can I find definitions? .............................................................................................................................................. 26

1

General Resource and Self-Help Guide:

Individuals with Disabilities Education Improvement Act (IDEIA), Reauthorized 2004

About this Resource Guide This resource guide is provided by the Florida Alliance for Assistive Services and Technology, Inc. (FAAST). It was created to provide general resource and self-help information on the individualized education program (IEP) process and other applicable federal/state laws and regulations for students with disabilities, parents, family members, caregivers, guardians, advocates/ representatives and other interested parties. This resource guide is not a substitute for legal advice. Within this resource guide you will find helpful suggestions, resources, and cite references to federal/state laws and regulations applicable to education, and informational websites that may be useful in preparing for the special education process. This resource guide is intended to promote collaboration with school district officials and to provide resource information as the IEP negotiation process can be challenging. About FAAST FAAST, under Florida Statute §413., became a not-for-profit 501(c)(3) organization on October 20, 1994. FAAST has a well qualified diverse Board of Directors comprised of a majority of individuals with disabilities that use assistive technology or family members/guardians of individuals with disabilities. The mission of FAAST is “to improve the quality of life for all Floridians with disabilities through advocacy and awareness activities that increase access to and acquisition of assistive services and technology.” The provision of assistive services and technology can enable individuals with disabilities to realize independence and fully participate in society as productive tax-paying citizens. FAAST also supports assistive technology demonstration centers where children and adults with disabilities in communities across the state receive individualized assistive technology instruction. FAAST has qualified staff dedicated to a broad array of services including but not limited to, state and regional device loan programs; device reutilization/recycling programs; a Telework and Alternative Finance Program; spinal cord injury resources; peer mentoring services; community reintegration assistance; assistive technology related information and referral; and assistive technology demonstrations, trainings and community outreach. We have produced fact sheets, policy briefs and resource guides on disability related matters; and have developed a user-friendly website featuring vendors who provide rehabilitation engineering, home modification, and assistive technology. FAAST’s website hosts ATBay to enable individuals to buy, sell or trade

http://www.leg.state.fl.us/statutes/index.cfm?StatuteYear=2009&AppMode=Display_Results&Mode=Search%2520Statutes&Submenu=2&Tab=statutes&Search_String=413.407�

2

technology and the website has an accessible housing database, information on our assistive technology device loan program, and many other services. For more information about FAAST and the services we provide, go to: .faast. or contact us at 1-888-788-9216, TDD 850-922-5951, 850-487-3278, and fax at 850-487-2805. A Note about Terminology and Legal Citations Because this guide is written for advocates, family members and parents of children with disabilities, and the subject matter of special education is complex to begin with, we have tried to make this resource guide as user-friendly as possible. Please be advised that when you see this symbol (§), it means section. We use the terms “school system,” “public school” and “school” to describe the entity responsible for providing special education to children with disabilities. Federal law uses the term “local educational agency” (LEA) and Florida law also uses the same term. When referring to charter schools the LEA must be a non-profit to be considered. We refer to the with Disabilities Education Improvement Act of as “IDEIA 2004” or as “the new law.” The 1997 special education law is called “IDEA 1997” or “the old law.” H.R.1350: Individuals with Disabilities Education Improvement Act of 2004 (Enrolled as Agreed to or Passed by Both House and Senate), SECTION 1. SHORT TITLE. This Act may be cited as the `Individuals with Disabilities Education Improvement Act of 2004'. The States (U.S.C.) was created to codify United States federal law into an organized code, which is found under 50 separate titles and may be published every six years. Website to look up United State Code is: ://www.gpoaccess.gov/uscode/index. . The of Federal (CFR) is a multi-volume set of documents that organizes the rules and regulations that are published within the Federal Register by departments and agencies of the Federal Government. The CFR is divided into 50 major headings, shown as Titles. Regulations are listed under the appropriate title by a system of CFR numbers. For example, Title 34 CFR refers to the Code of Federal Regulations relating to Education; the specific regulation pertaining to a free appropriate public education (FAPE) under IDEIA is published as CFR §300.101(c). Each volume of the CFR may be updated and reprinted once each calendar year. Website to look up Code of Federal Regulations is : ://www.gpoaccess.gov/cfr/retrieve. . Further, the Administrative (FAC) is a compilation of the rules and regulations of Florida regulatory agencies. The FAC is organized by titles, with each title number representing a department, commission, board or other state agency. Website address is: ://www.flrules.org/Default. . The most up-to-date comprehensive websites with links to Florida Statutes, State Laws and Federal Regulations concerning special education can be found on the Florida Department of Education website under the category “Florida Statutes, State Laws and Federal Regulations:” ://www.fldoe.org/ese/pdf/1b-stats. .

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I. INTRODUCTION Before 1975, public schools did not always serve children with disabilities, or were not able to address the reasonable accommodation needs of children with disabilities who were enrolled in school. Since then, Congress has passed a series of laws to help create a level playing field for equal access to an education for children with disabilities culminating in the passage of the Individuals with Disabilities Education Improvement Act of 2004. Purposes and definitions of IDEIA 2004 are well explained here: ://www.nichcy.org/InformationResources/Documents/NICHCY%20PUBS/QA1.

In the 2004 law, Congress found that over 30 years of research demonstrated that “education of children with disabilities can be made more effective by having high expectations for such children and ensuring their access to the general education curriculum in the regular classroom to the maximum extent possible.” Special education laws ensure that all children with disabilities are provided a free appropriate public education (FAPE) that “emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living.”

Although this general resource and self-help guide is not a substitute for legal advice, it is intended to help promote the understanding of federal and state special education laws, regulations, rules and procedures to help children with the opportunity to obtain the most appropriate special education services.

II. FREQUENTLY ASKED QUESTIONS REGARDING SPECIAL EDUCATION PROGRAMS AND LAWS

1. What is special education?

In general, “special education” means specially designed instruction, provided at no cost to the parents, to meet the unique needs of a child with a disability. “Specially designed instruction” refers to adaptations in the content, methodology or delivery of instruction to ensure the child with a disability can access the general curriculum so the child can meet the educational standards that apply to all children.

Special education includes

instruction provided in the classroom, in the home and in other settings, as well as instruction in physical education. For more information, see: ://www.ed.gov/about/offices/list/osers/osep/index. . 2. What are related services?

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“Related services” are support services that are required to assist children with disabilities to benefit from special education. Related services may include transportation, speech-language therapy, other types of therapies and some medical services. IDEIA defines “related services” to mean “transportation, and such developmental, corrective and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children. The term does not include a medical device that is surgically implanted or the replacement of such device.” 3. What are the key federal and state laws governing special education for children? The most important laws relating to the education of children with disabilities are:

a. The federal “Individuals with Disabilities Education Improvement Act of 2004”

(“IDEIA 2004”). This law provides most of the key protections for children with disabilities. IDEIA 2004 was enacted as HR 1350, Public Law 108-446 (108th Congress) and is codified at U.S.C. §1400, et. seq. A more user-friendly site is at ://IDEIA.ed.gov/.

b. The U.S. Department of Education has issued administrative regulations providing more specific guidance about special education law. Those regulations can be found in the Code of Federal Regulations, CFR Part . c. Section 504 of the federal Rehabilitation Act of 1973, as amended, prohibits any agency that receives federal funds (which includes all public schools) from discriminating on the basis of disability. U.S.C. §. Section 504 provides legal protections for children who have disabilities who require reasonable accommodations but who do not meet IDEIA 2004’s eligibility requirements for special education. The U.S. Department of Education has issued regulations on Section 504 as applied to public schools, which are found at C.F.R. Part 104.

The U.S. Department of Education, Office for Civil Rights also offers helpful information on the rights of children with disabilities to receive reasonable accommodations in the school system.

This guidance is entitled ‘Protecting Students With Disabilities: Frequently Asked

Questions About Section 504 and the Education of Children with Disabilities’ found at

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://www.ed.gov/about/offices/list/ocr/504faq. . d. The Federal Family Educational Rights and Privacy Act ( U.S.C. §, et. seq.) and the regulations issued by the U.S. Department of Education ( C.F.R. Part ) govern the privacy of educational records and provide parents with rights to review their children’s records. This federal law is commonly referred to as “FERPA.” An excellent resource explaining FERPA can be found at ://sss.usf.edu/resources/format/taps/2009/2009_103. . e. Key Florida state law provisions on special education are found at Florida Revised Statutes, Title XLVIII K-20 education Code Ch. 1000-1013 but other education laws also impact children with disabilities. See ://www.leg.state.fl.us/Statutes/index. or ://www.fldoe.org/ese/pdf/1b-stats. . f. The Florida State Board of Education is responsible for enacting rules relating to state laws on education, including special education found at .fldoe. . This is a comprehensive website that has a wide number of resources available. Spend time looking through all the information here when you have more time. This site is kept up-to-date with all information, contact names, laws and regulations. 4. What agencies are responsible for overseeing how school officials are to implement special education laws? The Florida Department of Education is responsible for ensuring that Florida public schools comply with federal and state special education laws ( .fldoe. ). The Exceptional Student Services Division within the Florida Department of Education supports school districts and others to provide exceptional student education programs for students ages 3-21 who have disabilities ( ://www.fldoe.org/ese/ese-home.). The Florida Department of Education provides a complaint process and other types of dispute resolution options for parents who disagree with schools about appropriate services for children with disabilities ( ://www.fldoe.org/ese/resolution. ). At the federal level, the U.S. Department of Education, Office of Special Education and Rehabilitative Services oversee how States are complying with IDEIA 2004. This agency does not provide a complaint process for special education disputes since that is handled at the state level, but it is in charge of revising the federal regulations governing IDEIA 2004. Their website is .ed.gov/about/offices/list/ . The federal agency responsible for enforcing Section 504 of the Rehabilitation Act in schools is the Office for Civil Rights within the U.S. Department of Education ( .ed.gov/about/offices/list/ ). That office receives and investigates complaints of disability discrimination under Section 504. The Bureau of Indian Affairs, which is part of the U.S. Department of Interior, funds and oversees elementary and secondary schools located on or near Indian reservations in

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Florida. The Bureau of Indian Affairs is responsible for overseeing special education provided in its school system. For further information, contact the U.S. Department of Interior ( .doi. ). 5. What special education programs and services are available for children of different ages? The Florida Early Intervention Program, which is part of the Florida Department of Education (FLDOE), coordinates services to infants and toddlers with disabilities.

An “infant or toddler with a disability” means a child birth through 2 years who needs early intervention services because the child is experiencing developmental delays (in an area such as cognitive or communication development) or has a diagnosed physical or mental condition that has a high probability of developmental delay.

Preschool children with disabilities – children ages 3 through 5 - have the same right to a free appropriate public education as children in kindergarten through high school.

Public schools must evaluate the child to determine eligibility for special education and develop and implement an individualized education program (IEP) in light of the child’s individualized needs.

Early intervention services are designed to address the particular area(s) of developmental delay. Services may include but are not limited to occupational, physical or speech therapy, psychological services, audiology, vision services, or home visits, depending on the needs of the child and family. Services are delivered in accordance with an “Individualized Family Service Plan,” which is similar to an IEP, in that it is developed with input from parents and designed to meet the child’s individual needs.

The Florida Department of Education is the lead state agency that oversees and coordinates early intervention services ( ://www.fldoe.org/earlyLearning/). Once a child reaches school age (ages 5 through 21), officials with the public school are to collaborate with parents to develop an “Individualized Education Program” (IEP) for the student. The IEP describes the special education and related services the public school will provide to meet the child’s unique needs. Federal and state law also provide a set of procedures that allow parents to obtain information about their child’s education and provide ways for parents to resolve special education disputes with the school system. School age students with disabilities are entitled to receive special education and related services until they graduate from high school with a “regular” diploma, or reach their

birthday, whichever happens first.

III. FREQUENTLY ASKED QUESTIONS REGARDING ELIGIBILITY FOR PROGRAMS AND SERVICES

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1. How do I find out if my child is eligible or qualifies for special education programs and services? Before your child can receive special education or related services, the first step is to establish that your child is eligible for the services. Public schools are required to conduct a “full and individual initial evaluation” before providing special education to a child with a disability. The purpose of an initial evaluation is to (1) determine if the child is a “child with a disability” who is entitled to receive special education services, and (2) to determine the educational needs of the child. A parent of a child may request an evaluation to determine if the child is eligible for special education. The evaluation may be paid for by school officials. The initial evaluations are important because they establish eligibility for services and provide the foundation for building the education program that will best meet the child’s needs. Once a child is determined to be eligible for special education, the next step is for the parents and school personnel to develop an Individualized Education Program (IEP). The IEP specifies what special education services the public school will provide to ensure the child with a disability receives a free appropriate public education found at CFR § 300. and -6., Florida Administrative Code (FAC). A good background publication answering a wide range of parent questions can be found at the National Dissemination Center for Children with Disabilities written in cooperation with the Office of Special Education Programs, U.S. Department of Education found at: ://www.nichcy.org/InformationResources/Documents/NICHCY%20PUBS/lg1. . 2. How do I request an initial evaluation of my child? Ask your local school officials to complete an initial evaluation of your child to determine if your child is eligible for special education services under IDEIA 2004 and/or Section 504 of the Rehabilitation Act of 1973, as amended. We highly recommend that you put your request in writing, date the letter, and keep a copy for yourself. Your letter should be sent to the Director of Special Education for the school district. School officials will then contact you to obtain your consent for the evaluation and to make the necessary arrangements. A listing of all Florida school districts and contacts can be found at: ://sss.usf.edu/floridamap/index. or ://www.fldoe.org/ese/dir-home. . 3. How long does the initial evaluation process take? IDEIA 2004 requires the school system to complete an evaluation within 60 days of receiving parental consent for the evaluation, or within the time frame set forth in state law. The Florida administrative rule on initial evaluations requires school officials to complete the evaluation “as soon as possible” but not to exceed 60 calendar days. If you are interested in moving the process forward as quickly as possible, we recommend that your initial letter requesting an evaluation includes language such as: “This letter constitutes my consent to the evaluation.” This means that the 60 day period in which the school officials must complete the evaluation starts on the day it receives your


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written consent. If school officials refuse to conduct the evaluation, school officials must provide parents with written notice found at CFR § 300.. See also, ://www.copaa.org/pdf/State_Eval_Time%E2%80%A6nes_Updated. .

4. What does the evaluation have to show in order to establish that my child is a “child with a disability” as defined by IDEIA 2004? IDEIA 2004 and Florida law define a “child with a disability” as a child who needs special education and related services because the child has a disability that falls into one of the disability categories recognized in the law. See Attachment #1 for specific definitions disabilities by category:

• Autism • Deafness • Deaf-blindness • Developmental delay • Emotional disturbance • Hearing impairment • Mental retardation • Multiple disabilities • Orthopedic impairment • Other health impairment * • Specific learning disability • Speech or language impairment • Traumatic brain injury • Visual impairment, including blindness

* The definition of other health impairment found within CFR § 300.8(c)(9)(i) has been changed to add “Tourette Syndrome” to the list of chronic or acute health problems. A child with a disability means a child evaluated in accordance within CFR § 300. through § 300. and who, by reason thereof, needs special education and related services. Please note that there may be a difference between a child’s diagnosis and a child’s disability category. For instance, although there is no disability category for Down syndrome, a child diagnosed with Down syndrome may qualify for special education by meeting the criteria for “Mental Retardation.” Please note that CFR § 300.(b) (children aged three through nine experiencing developmental delays) is changed to clarify the term “developmental delay” subject to the conditions described in CFR § 300.111(b). For more information on your child’s evaluation, see: ://www.nichcy.org/InformationResources/Documents/NICHCY%20PUBS/bp1.


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5. Do all children with severely limited academic skills qualify for special education under IDEIA 2004? No. Children qualify for special education only if they need specialized instruction because of a listed disability. Children with limited academic skills do not qualify for special education if their circumstances are caused by environmental, cultural or economic disadvantage. Similarly, if a child’s learning problems are the result of poor reading or math instruction, or because the child comes from a home in which English is not the primary language, that child may not be eligible for special education. Categories of Disability are further explained at: ://www.nichcy.org/InformationResources/Documents/NICHCY%20PUBS/gr3. 6. Does Section 504 of the Rehabilitation Act, as amended, offer legal protections beyond those provided by IDEIA 2004? Yes. In addition to providing children with disabilities the right to special education as IDEIA 2004 does, Section 504 also prohibits discrimination on the basis of disability.

Under Section 504, public schools may not exclude children with disabilities from programs or activities or otherwise treat children with disabilities different from other students because of their disabilities. For instance, Section 504 would prohibit a school from locating a classroom for children with a developmental disability at a facility that is substandard compared to classrooms used for typical children.

7. Are the eligibility requirements for IDEIA 2004 and Section 504 of the Rehabilitation Act of 1973, as amended, the same? No. Both laws provide rights to “children with disabilities” but the two laws define “child with a disability” differently. Under IDEIA 2004, a “child with a disability” must have one of the listed types of impairments and also need special education because of the impairment. Under Section 504, a “child with a disability” must have a substantial physical or mental impairment in one or more major life activities.

All children who meet IDEIA 2004 definition of a “child with disability” are protected under Section 504, which means they are not only entitled to special education but also protected against discrimination on the basis of disability. Some children, however, will not meet the IDEIA 2004 definition of a “child with a disability” but will be considered a “child with a disability” as defined by Section 504. For example, a child with diabetes may be limited in some life activities but may not need specialized education instruction because of the disability.

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8. What rights do children have if they are a “child with a disability” as defined by Section 504 of the Rehabilitation Act of 1973, as amended, but are not eligible for special education under IDEIA 2004? "No otherwise qualified individual with a disability in the United States... shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Section 504, U.S.C.§. A free appropriate public education (FAPE) under Section 504 consists of the provision of regular or special education and a myriad of related aids and services designed to meet the individualized reasonable accommodation needs of a student with a disability. Section 504 of the Rehabilitation Act and The Americans with Disabilities Act specifies that no one with a disability can be excluded from participating in federally funded programs or activities, including elementary, secondary or post secondary schooling. Disability in this context refers to a “physical or mental impairment which substantially limits one or more major life activity.” This can include physical impairments, illnesses or injuries; communicable diseases; chronic conditions like asthma, allergies and diabetes; and learning problems. A 504 Plan spells out the modifications and accommodations that will be needed for these students to have an opportunity to perform at the same level as their peers. Some examples of a Section 504 Plan are wheelchair ramps, blood sugar monitoring, an extra set of textbooks, peanut-free lunch environment, home instruction or a tape recorder or a keyboard for taking notes. CFR § 35. See Attachment #2 - Comparison Chart of IDEIA and Section 504. 9. What are my options if school officials have completed an initial evaluation of my child and they decided that my child is not eligible for special education under IDEIA 2004? If school officials determined that your child is not eligible for special education, school officials must provide you with “written notice.” This notice should explain why school officials determined your child was not eligible for special education and what actions you can take if you disagree. Most commonly, parents challenging school officials’ decisions about special education eligibility obtain an Independent Educational Evaluation (a second option by a neutral evaluator, which may be paid for by school officials), or you may request a due process hearing. If your child is not eligible for special education, you should ask if school officials have considered whether your child is eligible for services under Section 504. If your child meets the Section 504 definition of a child with a disability, school officials will be required to provide appropriate services so that your child has an equal opportunity to learn with reasonable accommodations. Even if your child is not eligible for special



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education or protection under Section 504, you should discuss any concerns you have about your child’s learning with school staff. Although federal law may not require schools to offer specialized services to students who do not have disabilities, your child’s school district may offer programs that address your child’s educational needs. As a parent, you can always request a meeting with your child’s teacher or other school personnel to discuss what steps can be taken to improve your child’s academic performance. To further understand parents’ rights in this process, see questions and answers for parents found at: ://www.nichcy.org/InformationResources/Documents/NICHCY%20PUBS/QA2. . 10. What is the next step if the initial evaluation has confirmed that my child is eligible for special education? The next step is to meet with the appropriate school personnel and develop an IEP. As a practical matter, school officials may hold the meeting to determine eligibility and the child’s first IEP meeting at the same time. If the initial eligibility meeting is held at the same time as the IEP meeting, you will know that in advance. If eligibility is the only issue at the meeting, and your child is found eligible under IDEIA 2004, then school officials must hold an IEP meeting within 30 days of the date your child was determined to be eligible for special education. See: 34 CFR § .320(a). An excellent resource written by parents for parents regarding the IEP step-by-step process can be found at: ://www.nichcy.org/InformationResources/Documents/NICHCY%20PUBS/pa12. . 11. How often can or will my child be re-evaluated as an eligible child with a disability for special education? After a child has been evaluated and found eligible for special education, the child must be re-evaluated at least once every 3 years (unless the parent and school officials both agree that a re-evaluation is not necessary): Re-evaluations can occur if:

• The child’s parent or teacher requests a re-evaluation, or • School officials believe a re-evaluation is warranted because of changes in the

child’s academic achievement or functional performance.

A re-evaluation can be requested before school officials are able to determine that a child is no longer eligible for special education services under IDEIA 2004 (with some exceptions). See CFR §300.. More information can be found at: ://www.ed.gov/policy/speced/guid/idea/letters/revpolicy/tpevlrvl.

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12. Why do school officials have an obligation to identify and evaluate children with disabilities? School officials also have the ability to request an initial evaluation of a child to determine if the child is a “child with a disability” entitled to special education. This is part of school district officials’ general duty – referred to as “Child Find” – to locate, identify and evaluate children with disabilities within the geographic boundaries of the school district. The State of Florida must ultimately guarantee that children with disabilities in the state are identified and evaluated, and that a practical method is developed to determine which children are receiving needed special education and related services. In Florida, the main requirements relating to locating, identifying, and evaluating children with disabilities are found in the administrative rules adopted by the Florida State Board of Education. Public schools must generally (1) inform the public about their policies for evaluating children with disabilities and providing special education, and (2) identify (or “screen”) children that are enrolled in school to determine whether they may need special education. See Florida Statutes and State Board of Education Rules found at: ://www.fldoe.org/ese/pdf/1b-stats. . 13. Now that my child is qualified for Special Education what services can I expect?

When Congress reauthorized IDEIA 2004, they made significant changes to Individualized Education Programs (IEPs) in several areas, including:

• content of IEP • IEP meeting attendance • IEPs by agreement • review and revision of IEPs • transition • alternate means of participating in meetings

The term individualized education program (IEP) means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with CFR §300. through § 300.. The IEP must include a statement of the child's present level of academic achievement and functional performance. The IEP should have a statement of measurable annual goals, including academic and functional goals. These goals should specify the child’s needs resulting from a disability or disabilities, and the IEP should specify services to be provided to enable the child to make progress in the general education curriculum.




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The IEP should contain a description of how the child's progress toward meeting the annual goals described in CFR §300.320(a)(2) will be measured; and when periodic reports on the progress the child is making toward meeting the annual goals will be produced, such as quarterly reports consistent with report cards. The IEP should include a statement of the special education and related services and supplementary aids and services to be provided. The IEP should include needed reasonable accommodations necessary for the child to participate in their IEP and to measure the academic achievement and functional performance of the child on state and district wide high-stakes tests/assessment tests consistent with 612(a)(16) of IDEIA

See

. If the IEP Team determines that the child must take an alternate assessment instead of a particular regular state or district-wide assessment of student achievement, a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child must be provided.

CFR § 300.320(a) and U.S.C.1414(d)(1)(A)(i). For more information, go to: ://www.fldoe.org/asp/altassessment. . 14. How do I prepare for an IEP meeting? It is best to prepare for this important meeting by making notes on the points you want to make, what you want to say, and services you want to achieve for your child to equally participate in their education. You should always prepare by doing your homework/research. It can be helpful to talk with other parents who have children in special education or to disability organizations that specialize in special education, or talking to organized parent groups. There are also many internet resources such as internet bulletin boards or e-mail groups that are supportive. It is also helpful going into an IEP meeting knowing what you want to achieve. As an equal IEP team member you will want to make your points heard but always listen to and consider the opinions of other members of the IEP team as you may need to consider reasonable compromises to achieve IEP goals. Keep in mind, as a parent you have your child’s best interests to consider along with their abilities and capabilities. There is an essay that may help you prepare for a successful IEP meeting, entitled ‘Play Hearts, Not Poker’ by Jennifer L. Bollero, Esq., which discusses advocacy versus parenting and learning about rules and strategies to help you prepare for an upcoming IEP meeting. For more information, go to: ://www.harborhouselaw.com/articles/hearts.bollero. 15. Are public schools required to provide transportation as a related service to every child with a disability receiving special education? It depends on the child’s circumstances. A child with a disability may not benefit from special education if the child cannot get to school in the first place. To determine whether transportation should be provided as a related service, the IEP team considers


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whether the child’s disability prevents the child from using the same transportation provided to non-disabled children, or from getting to school in the same manner as non-disabled children. If, for example, a child with a developmental disability could not safely find the school bus or wait for it, transportation should be provided as a related service for the child. Transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, see U.S.C. 1401(26). 16. What is “assistive technology” and how is this incorporated into the IEP? The Assistive Technology Act of 2004 defines assistive technology as “technology designed to be utilized in an assistive technology device or assistive technology service.” The assistive technology device means “any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.” The term assistive technology service means “any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device.” For more information regarding the Assistive Technology Act of 2004, go to: ://www.rehabnetwork.org/assistive_tech_Act/atact04_pass_senate. . “Assistive technology” may be equipment or other technological devices that improve a child’s ability to participate in their educational program and to better function using reasonable accommodations, such as assistive technology and related services. An assistive technology device is "any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.” IDEIA 2004 clarifies this by not including assistive technology when it is a medical device that is surgically implanted, or the replacement of such a device, see CFR § 300.. Assistive technology examples can be a computer with software that allows a child to press a picture button and hear a word or a sound that may assist a child with autism to communicate with others. “Assistive technology services” may include training provided by school officials to the child and/or the child’s family so they can learn how to operate the technology. Depending on the child’s needs, assistive technology and assistive technology services may be considered part of the child’s “special education” or a “related service” or both. IEP teams must consider whether a child with a disability needs assistive technology or services to receive an appropriate education. If so, public school officials must provide assistive technology assessments, assistive technology, and assistive technology services for children with disabilities. Each year, the IEP team should assess whether a child with a disability needs assistive technology as new technologies may emerge that may assist in meeting IEP goals to help the IEP team achieve a free appropriate public education (FAPE) for the child who requires reasonable accommodations and equal access to an education.

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15

An assistive technology service is defined by IDEIA 2004, found at CFR §300., as "any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device," and includes:

a. The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;

b. Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;

c. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

d. Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

e. Training or technical assistance for a child with a disability or, if appropriate, that child's family; and

f. Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child.

AT Follows the Student under Chapter 1003 (Public K-12 Education), Section 575, Florida Statutes:

Accessibility, utilization, and coordination of appropriate assistive technology devices and services are essential as a young person with disabilities moves from early intervention to preschool, from preschool to school, from one school to another, and from school to employment or independent living. To ensure that an assistive technology device issued to a young person as part of his or her individualized family support plan, individual support plan, or an individual education plan remains with the individual through such transitions, the following agencies shall enter into interagency agreements, as appropriate, to ensure the transaction of assistive technology devices:

(1) The Florida Infants and Toddlers Early Intervention Program in the Division of Children's Medical Services of the Department of Health;

(2) The Division of Blind Services, the Bureau of Exceptional Education and Student Services, and the Division of Vocational Rehabilitation of the Department of Education; and


16

(3) The Voluntary Prekindergarten Education Program

administered by the Department of Education and the Agency for Workforce Innovation.

Interagency agreements entered into pursuant to this section shall provide a framework for ensuring that young persons with disabilities and their families, educators, and employers are informed about the utilization and coordination of assistive technology devices and services that may assist in meeting transition needs, and shall establish a mechanism by which a young person or his or her parent may request that an assistive technology device remain with the young person as he or she moves through the continuum from home to school to post-school.

To view this important statute, go to: ://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch1003/SEC575.HTM&Title=->2007->Ch1003->Section%20575#1003.

The Florida Diagnostic and Learning Resources System (FDLRS) offers a Technology State Loan Library (TSLL). This is a specialized center funded by the State of Florida, Department of Education, Bureau of Instructional Support and Community Services under the Individuals with Disabilities Education Improvement Act of 2004, Part B and state general revenue funds. For more information, go to: ://www.fdlrs-tsll.scps.k12.fl.us/.

FDLRS also provides diagnostic and instructional support services to district exceptional student education programs and families of students with exceptionalities statewide. FDLRS supports the State education goals of high student achievement, safe schools, and high performing workforce. FDLRS activities reflect these goals and demonstrate outcomes toward accomplishing them. Funding is provided through federal and state dollars through the Bureau of Exceptional Education & Student Services (BEESS). For more information, go to: ://www.paec.org/ . 17. What should be addressed within an IEP to ensure that your child is in the least restrictive environment with disabled and non-disabled children? Framers of IDEIA 2004 expect that children with disabilities will be educated in the “least restrictive environment”/the regular classroom with children of their own age and at the same school they would attend if they were not disabled. Separate classes or removal from the regular classroom should occur only when the nature or severity of the disability of a child is such that education in regular classes with the use of

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch1003/SEC575.HTM&Title=-%3e2007-%3eCh1003-%3eSection%20575#1003.575�


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17

supplementary aids and services cannot be achieved satisfactorily. The Individuals with Disabilities Education Improvement Act, 2004, requires “…(1) that to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are non-disabled; and (2) that special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” See U.S.C. 1412(a)(5), and its implementing regulation found at CFR § 300.114(a). To ensure that children with disabilities are educated in the “least restrictive environment,” a child’s IEP must include an explanation of the extent, if any, to which the child will not participate with non-disabled children in the regular class and in extra-curricular and non-academic activities. Even if a child with a disability cannot take academic classes like English and science with children their own age, the IEP team should consider whether the student can participate with other children in art, physical education, music or other similar activities. 18. Can a public school require a child with attention deficit disorder (or condition) to take medication while at school? No. Under IDEIA 2004, public schools may not require children to obtain a prescription for medication as a condition of attending school, receiving an evaluation or receiving special education and related services. IDEIA 2004 prohibits local educational agencies from mandating that students obtain a prescription for a substance covered by the Controlled Substances Act (see U.S.C. § et seq.) as a condition of attending school, receiving an evaluation or receiving special education and related services. However, IDEIA 2004 cautions that this prohibition should not be construed as prohibiting teachers and other school personnel from consulting or sharing classroom based observations with parents or guardians regarding a student's academic or functional performance, behavior in the classroom or school, or regarding the need for evaluation for special education and related services, found at: U.S.C. §1412(a)(25)(A) and CFR § 300.. 19. Are IEPs developed for children with disabilities attending private schools? No. School officials may develop a service plan to decide what services will be provided for a child with a disability attending private school. A service plan is a document that describes the services the local education agency will provide a student that is placed in a private school. This is not an IEP, but it must be developed consistent with IEP procedures, including those requiring parent participation. No







18

parentally-placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school, found at CFR § 300. and U.S.C. 1412(a)(10)(A). 20. What happens if a child with a disability transfers from one public school to another within Florida or out of state? When a child with a disability transfers from one school district to another or to a charter school, school officials with the new school should initially provide comparable services as required by the child’s old IEP. School officials can then either adopt the old IEP or conduct a new evaluation to determine eligibility for a new IEP. In any case, school officials must ensure that the IEP process is followed and that the child is provided with a free appropriate public education (FAPE) at all times, found at U.S.C. 1414(d)(2)(C)(i) and CFR § 300.323(e). If a child transfers from out of state to Florida, officials within the new school district must take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services for the child, from the previous out of state school district. The out of state school district in which the child was enrolled must take reasonable steps to promptly respond to the request from the Florida school district, found at U.S.C. § 1414(d)(2)(C)(ii) and CFR §300.323(g). 21. What are assessments, accommodations, modifications and alternate achievement standards? Children with disabilities are expected to participate in statewide tests given each year, so parents need to understand the terminology used. When school staff talks about accommodations and modifications for your child are you confused? What do these terms mean in a classroom? Has an alternate assessment been recommended for your child on a state or district-wide test? What do you need to know when it comes to standardized tests used to make important decisions about your child? “Assessment” is the term for a standardized test, like the Florida Comprehensive Assessment Test (FCAT). An assessment may be given to all students in the State, or may be given by school district officials to all students in the school district to help determine how students are performing.

An “accommodation” is changing something about how the test is given so the test measures what the student knows and not the effects of the student’s disability.


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19

“Accommodations” provide different ways for children to take in information or communicate their knowledge back to you. The changes basically don't alter or lower the standards or expectations for a subject or test. Through the child's Individualized Education Program (IEP) or 504 Plan, classroom accommodations may be formally developed. In addition, some general education teachers agree informally to make accommodations for children in their classes. Accommodations are adjustments to make sure the child has equal access to curriculum and a way to be successful. Accommodations to be used for classroom instruction and testing are generally defined in a student's IEP. When using accommodations, children are expected to meet the same standards as every other child. For example: children can learn the same material as others in the class but in a different way. A child with delayed reading skills can participate in class discussions about a novel if he or she listened to the audio tape version of the book. Accommodations also offer a way for children to demonstrate what they've learned. For example: A child with poor writing and spelling skills may use assistive technology - a tape recorder or word processor - rather than struggle with pencil and paper to do her report about a famous person in history.

“Modifications” on the other hand, mean that the curriculum and/or instruction has changed quite a bit. When modifications are made, children with disabilities are not expected to master the same academic content as others in the classroom.

A child who can't learn the 20-word spelling list every week may learn only 10 words. This results in different standards for mastery - half the number of words as children without a disability learn weekly.

A fifth-grade child with a severe math disability who isn't ready to learn fractions and decimals may still be working on addition and subtraction. This means that his or her instructional level has changed significantly --not fifth-grade instruction--from that of other students in his classroom. So, grades do not necessarily tell parents the full story; it's important to find out whether your child is achieving these grades in the standard curriculum for his or her grade level, or in a modified curriculum.

In general, any accommodations listed on the IEP must be delivered consistently, that is, at all times and under all types of circumstances. However, a child’s IEP should differentiate between accommodations for instruction and accommodations for assessment, and parents should understand the different consequences of each for their child.

If a child's IEP team determines that the child can't participate in the regular state or district assessment (even with appropriate accommodations), and therefore will participate by taking an “alternate assessment,” the IEP team must develop a written statement of why the child cannot participate in the regular assessment, and why the team has determined that a particular alternate assessment is appropriate for the child. If your child is receiving special education services you should be aware of the important consequences of the child taking an assessment other than the regular assessment that all children take.

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20

Complete updated information regarding alternate assessments can be found at the Florida Department of Education Alternate Assessment website: ://www.fldoe.org/asp/altassessment. .

22. What is the Enhanced New Needed Opportunity for Better Life and Education for Students with Disabilities (ENNOBLES) Act (HB 1739) (1003.43(11)(b), Florida Statutes)? The ENNOBLES Act offers the possibility of a waiver for certain

grade students with disabilities to have the FCAT requirement waived under special circumstances for the purpose of receiving a standard high school diploma.

The ENNOBLES Act is a bill passed by the 2003 Florida State Legislature for the purpose of providing students with disabilities increased access to postsecondary education and meaningful careers. To be considered for a waiver from FCAT graduation requirement, the student must:

• Be identified as a student with a disability as defined in section .02

• Have participated in remediation activities/courses in reading and/or math;

of Florida Statutes;

• Have an Individual Education Plan (IEP); • Have taken the Grade 10 FCAT at least twice (for example, once in

• Have met the State’s 24 credits of course work requirement;

grade and once in the 11th grade) with appropriate accommodations (accommodations are changes to the way students are taught or tested that do not change the expectations of learning);

• Have acquired a 2.0 cumulative grade-point average (GPA) requirement for graduation with a standard diploma; and

• Have accrued 40 service hours. For more information, go to: ://www.fldoe.org/ese/fcat/fcatwaiv.pdf and ://www.monarchknights.com/guidance/ENNOBLESACT.pdf. 23. What are transition services? Effective transition services play a critical role in allowing students with disabilities to achieve their post-school goals for employment, continued education and community living. It is essential that students receive assistive technology assessments to determine what assistive technology resources would best enable the student to achieve their goals as independently as possible. The IEP should clearly state all interagency responsibilities for the provision of transition services. This compels the Florida Department of Education and the Division of Vocational Rehabilitation to focus

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21

on interagency cooperation to help ensure the coordination of transition services. The definition of transition services is defined in IDEIA, as amended at U.S.C. § 1401(34).

(34) Transition services

The term “transition services” means a coordinated set of activities for a child with a disability that--

(A) is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

(B) is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and

(C) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.

Found at: ://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+20USC1401

Transition services is defined in the Rehabilitation Act of 1973, as amended at U.S.C. § 705(37).

(37) Transition services

The term ``transition services'' means a coordinated set of activities for a student, designed within an outcome-oriented process, that promotes movement from school to post school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities shall be based upon the individual student's needs, taking into account the student's preferences and interests, and shall include instruction, community experiences, the development of employment and other post school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.

Found at: ://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+29USC705


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22

Transition services should be available to help students with disabilities age 16 and older. However, the IEP may address special education type services if they are required to assist the child with a disability to benefit from special education through his or her transition period. The term “transition services” means a coordinated set of activities for a child with a disability that: (1) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment); continuing and adult education, adult services, independent living, or community participation; (2) Is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation, found at U.S.C. § 1401(34) and CFR § 300.43

.

See Attachment #3 - Parent letter from Stephanie Monroe, the assistant secretary for civil rights in the United States Department of Education. Other transition services resources can be found at: ://www.advocacycenter.org/ ://www.ed.gov/about/offices/list/osers/osep/index.html ://www.familycafe.net/ ://www.fddc.org/ ://www.fndfl.org/ ://www.fldoe.org/ ://www.flse.net/ ://www.fyitransition.org/ ://www.law.fsu.edu/academic_programs/jd_program/cac/index.html ://www.standadvocates.org/ ://www.thetransitioncenter.org/history.htm ://tip.fmhi.usf.edu/ ://transfer.sdes.ucf.edu/default.asp 24. What are “procedural safeguards?” IDEIA 2004 includes procedures for ensuring that parents of children with disabilities have information they need to make decisions about their child’s education and



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23

procedures for resolving disputes with the school system. Depending on the circumstances, parents of children with disabilities have the right to:

a. Receive written notice of their rights, b. Inspect their child’s educational records, c. Obtain an independent educational evaluation, d. Mediate the dispute with school district officials, e. File a State Complaint with the Florida Department of Education, f. Request a due process hearing, g. File a lawsuit, h. Obtain compensatory education for their child with a disability, i. Transfer their child to a private school, and seek reimbursement of tuition

costs from their local school system, or j. Legal protections if their child is being disciplined for conduct that may be

related to the child’s disability, found at CFR § 300.512

In legal terms, these rights are called “procedural safeguards.” The Florida Department of Education’s publications and resources re: procedural safeguards can be found at:

.

://www.fldoe.org/ese/resolution.asp See Attachment #4 - Procedural Safeguards. 25. What if I disagree with the school system? How do I resolve special education disputes? Whenever a parent disagrees with school district officials’ evaluation of a child, the parent may request a second opinion at public expense. Although school officials may pay for the independent educational evaluation (“IEE”), it is conducted by someone who is not employed by the school system. Mediation is another option where a neutral third party – the mediator – assists parents of a child with a disability and school personnel to resolve the issue in dispute. The mediator does not decide who is right or wrong, but helps the parties communicate with each other. A parent of a child with a disability or another interested person may file a complaint with the Florida Department of Education if they believe a public school has violated a special education law. The Florida Department of Education investigates the complaint, and within 60 days issues findings. If the complaint is found to be justified, school officials may be directed to fix the problem and/or to provide compensatory special education services to the child. Parents may request a due process hearing if they believe school district officials have not offered an appropriate special education program for their child, or when the parents and school disagree on other issues such as whether a child is eligible for special



24

education. The hearing itself is an administrative proceeding that is overseen by a hearing officer, who listens to witness testimony, reviews written documents and issues a written decision. The proceeding is very much like a trial but without a jury. A due process hearing officer’s decision may be appealed to state or federal court. A full explanation of the above options and Florida’s due process can be found at: ://www.fldoe.org/ese/resolution.asp. 26. What is compensatory education? Compensatory education is provided to make up for a public school’s failure to provide an appropriate education to a child with a disability. For example, compensatory education is appropriate when there is a gap in services (i.e., no speech therapy was provided for three months because of a personnel shortage), or when no services were provided at all (i.e., a school’s failure to timely evaluate a child and develop an IEP denied a child special education services for one year). Compensatory education may also include reimbursing parents for expenses they incurred by paying for services that school district officials should have provided, found at U.S.C. § 1415(i)(2)(C)(iii)

, “to grant such relief as the court deems appropriate.”

27. What are the rules regarding the confidentiality of educational records of students with disabilities? In general, IDEIA 2004 requires public schools to keep the educational records of students with disabilities confidential. That means that the records may only be disclosed as specifically permitted by law, or with the parent’s consent. Schools must maintain a record of who has access to your child’s educational records. If school officials submit reports or public information regarding students with disabilities, school official may not disclose “personally identifiable” information regarding specific students. The Family Educational Rights and Privacy Act (FERPA) ( U.S.C. § 1232g; CFR Part 99)

.

IDEIA 2004 also incorporates another federal law that applies to the education records of all public school students - the Family Educational Rights and Privacy Act (“FERPA”). The U.S. Department of Education maintains a complaint process for parents to use if they believe a school has violated the laws regarding education records. That process allows a parent to file a complaint with the Family Policy Compliance Office (a part of the U.S. Department of Education) within 180 days of the date of the alleged violation. Further information can be obtained from: Family Policy Compliance Office U.S. Department of Education






25

400 Maryland Avenue, SW Washington, DC 20202-5901 (202) 260-3887 .ed.gov/policy/gen/guid/fpco/ferpa/index.html 28. What if I need a lawyer or professional advocate to help me navigate the special education process? You may choose to contact an attorney specializing in special education law. For information on attorney referral, contact the Florida Bar at 1-800-342-8060, .flabar.org. You can also look up attorneys and their credentials through the Martindale Hubbell publication at ://www.martindale.com.

Also, some legal aid offices handle special education cases. To find the legal aid office closest to you, go to ://www.floridalegal.org. You may also wish to contact the Advocacy Center for Persons with Disabilities, Inc, Florida’s Protection and Advocacy system appointed by Executive Order of the Governor. The Advocacy Center is a not-for-profit Section 501(c)(3) organization that houses federally mandated programs to help protect the legal, human and civil rights of individuals with disabilities: Advocacy Center for Persons with Disabilities, Inc. 1-800-342-0823 (850) 488-9071 Fax (850) 488-8640 .advocacycenter.org Also see “Special Ed Advocacy” and other articles at: ://www.wrightslaw.com/info/advo.9rules.crabtree.htm

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26

29. Where can I find other general resources? A large resource housed at the Florida Department of Education called the “Clearinghouse Information Center” provides access to over 6,000 additional types of resources for parents about exceptional student education, early intervention, parent and professional partnerships, and many other topics. For more information, go to: ://www.fldoe.org/ese/clerhome.asp 30. I don’t understand a lot of these educational and bureaucratic terms. Where can I find definitions? For a glossary of terms used in the education process, go to: ://www.cpt.fsu.edu/ese/glossary.html. See also Attachment #5 - Glossary of Terms.

This resource guide is not a substitute for legal advice

December 24, 2009

Authored by FAAST staff in collaboration with paralegal subcontractees

Legal review by Gordon B. Scott, Esq.

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WORK INCENTIVES PLANNING AND ASSISTANCE PROJECTS The Social Security Administration (SSA), as authorized under the Ticket to Work and Work Incentives Improvement Act, awarded cooperative agreements to a variety of community-based organizations called Work Incentive Planning and Assistance (WIPA) projects. These WIPA projects will provide SSA beneficiaries with disabilities (including transition-to-work aged youth) access to work incentive information, and benefit planning and assistance services. Cooperative agreements have been awarded to the organizations listed below to provide services in the State of Florida. In the past, the services have been provided by Benefits, Planning, Assistance and Outreach Projects (BPAO Projects). The BPAO Project cooperative agreements expired September 30, 2006. FLORIDA LRC/Opportunity Development Serving the counties of--- Baker, Clay, Duval, Gadsden, Hamilton, Jackson, Jefferson, Leon, Madison, Nassau, Wakulla and St. John’s. Brevard Achievement Center Serving the counties of--- Brevard, Flagler, Indian River, Lake, Martin, Okeechobee, Orange, Osceola, Palm Beach, Putnam, Seminole, St. Lucie and Volusia. Abilities, Inc. Serving the counties of--- Citrus, De Soto, Hardee, Hernando, Highlands, Hillsborough, Levy, Manatee, Pasco, Pinellas, Polk, Sarasota and Sumter. Goodwill of North Florida Serving the counties of--- Alachua, Bay, Bradford, Calhoun, Columbia, Dixie, Escambia, Franklin, Gilchrist, Gulf, Holmes, Lafayette, Liberty, Marion, Okaloosa, Santa Rosa, Suwannee, Taylor, Union, Walton and Washington. Center for Independent Living in Central Florida Serving the counties of--- Broward, Charlotte, Collier, Glades, Hendry, Lee, Miami-Dade and Monroe.

An equal opportunity employer/program. It is against the law for the Division of Vocational Rehabilitation (VR) of the Florida Department of Education, as a recipient of Federal financial assistance, to discriminate against any individual in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief.

The application process used by VR to determine eligibility for services, any subsequent services, and the entire VR process are subject to these non-discrimination requirements. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment or via the Florida Relay Service at 711.

2002 Old Saint Augustine Road, Bldg. ATallahassee, Florida 32301-4862(850) 245-3399 (Voice and TTY)(800) 451-4327 (Voice and TTY)

www.Rehabworks.orgwww.FLJobConnections.com

03/2009

What is Vocational Rehabilitation?

Vocational Rehabilitation (VR) is a federal-state program that works with people who have physical or mental disabilities to prepare for, gain or retain employment. VR is committed to helping people with disabilities find meaningful careers.

WoRk tRansition

school to

a guide foR

What type of assistance May be aVailable fRoM VR?

Medical and Psychological Assessment ■

Vocational Evaluation and Planning ■

Career Counseling and Guidance ■

Work Experience While in High School ■

Training and Education After ■High School

Job-Site Assessment and ■Accommodations

Job Placement ■

Job Coaching ■

On-the-Job Training ■

Supported Employment ■

Assistive Technology and Devices ■

Time-Limited Medical and/or ■Psychological Treatment

What is VR school to WoRk tRansition?

VR School to Work Transition involves a number of activities that help students with disabilities prepare and plan for employment success after high school.

aRe all students With disabilities eligible foR VR seRVices?

Any student with a disability may be eligible for VR services, including those who are not eligible for Exceptional Student Education (ESE). Contact the local VR office to apply. To locate the VR office nearest to you, go to www.rehabworks.org and click on the VR Office Directory. There is a VR counselor assigned to every high school in Florida.

The Department of Education Division of Vocational Rehabilitation is a proud partner in Florida’s Next Generation Strategic Plan for education.

Who May be eligible foR VR seRVices?

You may be eligible for VR services if you have a goal to become employed and meet the following criteria:

Your physical or mental disability ■interferes with your ability to become employed.

VR’s help is necessary for you ■to prepare for, gain or retain employment.

If you receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) for your disability, you are presumed eligible for VR services if you intend to become employed.

What is financial paRticipation?

VR will look at the income of eligible individuals to determine if they will be required to share in the cost of vocational rehabilitation services. Some individuals or services may be exempt, and a person will not be required to pay toward the cost of these services.

What is oRdeR of selection?Under order of selection, all eligible individuals are placed on a prioritized waiting list based on the significance of their disability. Federal law requires that individuals with the most significant disabilities be served first.

What aRe the school’s Responsibilities? Your school is responsible for providing a free and appropriate public education. This includes specialized instruction and assistive technology to students with disabilities until they exit high school by earning a standard diploma, special diploma, or reach their 22nd birthday.

When does VR get inVolVed?

VR representatives are available to participate in the transition Individual Educational Plan (IEP) meetings when you turn 16, if you may benefit from VR services to reach your adult employment goal. The purpose of this early communication is to ensure that you and your family are aware of VR eligibility requirements and possible services. Generally, students are encouraged to apply two years before leaving high school so VR can determine eligibility and assist in developing an Individualized Plan for Employment (IPE). You may apply when you turn 16 if you need assistance with work experience while you are still in high school.

hoW does a student get RefeRRed to VR?

Referrals can be made by anyone, including teachers, guidance counselors, school personnel, transition specialists, parents or the student. Please use the information on the back of this brochure to contact us.

What happens next? You meet with a VR counselor to start the application process and

determine eligibility. Once eligibility is established, you will be placed in the appropriate Order of Selection

category. When your case is ready to be processed from the waiting list, your

counselor will work with you to develop an Individualized Plan for Employment (IPE). Your IPE addresses the services you

need for a successful transition to the agreed upon employment outcome.

What if i aM ReceiVing social secuRity benefits?

It is possible for you to work and continue to receive Social Security benefits and Medicaid. The conditions are specific to each individual and should be discussed with a Social Security Administration representative.

What is the iMpoRtance of faMily

inVolVeMent?

The success of transition planning depends on the involvement of your parents or guardians in helping you achieve your goals. Although the primary relationship is between you and the VR counselor, family support continues to play an important role in your success beyond high school.

www.rehabworks.org Transition Services for Consumers General Information DVR School to Work Transition involves a number of activities that help students enter training, continue education and/or work after leaving high school. Our goal is to help students who want to work become better prepared for life beyond high

school.

Actively facilitates the achievement of the student’s employment goal described in their Individualized Plan for Employment (IPE) Individuals with Disabilities Education Act The Individuals with Disabilities Education Act Amendments (IDEA) of 1997, enacted with strong bipartisan support, significantly improved the educational opportunities for children with disabilities. The IDEA ’97 focuses on teaching and learning. It also established high expectations for disabled children to achieve real educational results. You can learn more about

by visiting their Web site.

Transition Resources

Transition Services Defined

• Coordinated set of outcome oriented activities for a student that promotes movement from school to post-school activities

• Based upon the individual student’s needs, preferences and interests • Includes instruction, community experiences, the development of

employment and other post-school adult living objectives • May include acquisition of daily living skills and a functional vocational

evaluation • Promotes or facilitates the achievement of the employment outcome

identified in the student’s Individualized Educational Plan (IEP).

SCHOOL TO WORK BROCHURE Provides information on how Vocational Rehabilitation and the school district can

•

assist with your transition from high school to training, education and/or work.

to Work Brochure (English-PDF) • to Work Brochure (Spanish-PDF) • to Work Brochure (Creole-PDF)

SCHOOL TO WORK TRANSITION CHECKLIST A checklist that may help address your transition needs at each stage of the

•

transition process.

to Work Transition Checklist (English-PDF) • to Work Transition Checklist (Spanish - PDF) • to Work Transition Checklist (Creole - PDF)

http://www.rehabworks.org/�


http://www.rehabworks.org/Files/DocumentsLinks/School%20to%20Work.pdf�

http://www.rehabworks.org/Files/DocumentsLinks/School%20to%20Work_SPA1.pdf�

http://www.rehabworks.org/Files/DocumentsLinks/School%20to%20Work_CR1.pdf�

http://www.rehabworks.org/Files/DocumentsLinks/Checklist1.pdf�

http://www.rehabworks.org/Files/DocumentsLinks/Checklist_SPA1.pdf�

http://www.rehabworks.org/Files/DocumentsLinks/Checklist_CR1.pdf�

Introduction to Gifted Education (English-PDF) For parents of Florida’s students with disabilities to guide them in obtaining needed assistance from school districts and state agencies in the provision of

special programs for their children.

and Modifications (English - PDF) Designed to assist students, their parents, school districts and state agencies to address accommodations and modifications needed for the student to remove

barriers to successful adult living and employment.

(English -PDF) The passage from youth to adulthood. Your guide to the services and information that can make transition a success for young people with disabilities. Where, why, when and how to make the most of the years

between 14 and 22.

Decisions for Students with Disabilities (English - PDF) Designed for parents of students with disabilities, it provides information on the types of diplomas available in Florida. This knowledge helps to assure that the student is engaged in the educational activities needed to obtain the appropriate

type of diploma which will support the student’s goals after high school. Florida’s Academic Counseling and Tracking for Students. This advising Web site helps students plan and track their education progress from middle

school through college.

TRANSITION A fully interactive Web site designed to assist students with disabilities, their

families and professionals plan for transition upon graduation from high school.

YOUTH PARTNERSHIPS Transition site emphasizing youth resources available through Florida’s

government agencies and departments.

10: TRANSITION EDUCATION NETWORK

A comprehensive site for transition resources and technical assistance.

FOR WORKFORCE INNOVATION An informative site offering current labor market statistics and career exploration

materials.

STUDENT AID Provides handbooks, guides and forms to help students, families and professionals

understand and obtain financial aid for education.

.GOV Connecting the Disability Community to information and opportunities. The

site provides up to date information on most disability issues.

http://www.rehabworks.org/index.cfm?fuseaction=Submain.View&loc=DocumentsLinks&linkurl=p-gifted.pdf�

http://www.rehabworks.org/index.cfm?fuseaction=Submain.View&loc=DocumentsLinks&linkurl=ac-mod-parents.pdf�

http://www.rehabworks.org/index.cfm?fuseaction=Submain.View&loc=DocumentsLinks&linkurl=Foster_Care_Transition_Book_2-11-09.pdf�

http://www.rehabworks.org/index.cfm?fuseaction=Submain.View&loc=DocumentsLinks&linkurl=diploma.pdf�

http://www.facts.org/�

http://www.fyitransition.org/�

http://www.myfloridayouth.com/�

http://www.project10.info/�

http://www.labormarketinfo.com/�

http://www.fsapubs.org/�

http://www.disability.gov/�

State of Florida Work Incentive, Planning and Assistance Map

Abilities of Florida, Inc.

Chad Yeardley, [email protected] (727) 538-7370 ext. 365 fax (727) 538-7387

Or call 1-888-538-7370 ext. 360

Coastal Benefits Planning Project, operated by the Brevard Achievement Center Inc.

Don Hendricks, [email protected] (321) 632-8610 fax (321) 631-8207

or call 1-888-310-6525

Independent Living Resource Center of Northeast Fl. Wanda Graham, [email protected] (904) 399-8484 fax (904) 396-0859

TDD (904) 398-6322 or call 1-888-427-4313

Goodwill Industries of North Florida, Inc. Jim Wadsworth (904) 384-1361

or call 1-877-346-3349

Center for Independent Living Debbie Baker, [email protected]

(407) 623-1070 fax (407) 623-1390 TDD: (407) 623-1185

Protection and Advocacy for Beneficiaries of Social Security (PABSS) provided by The Advocacy Center for Persons with Disabilities, Inc.

Barry Shalinsky, Director [email protected] (813) 233-2920, Fax (813) 233-2917, TDD 1-866-975-1837, toll-free 1-866-875-1794

Wakulla

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