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ENVOY ON-LINE
The Newsletter of the Washington
Protection & Advocacy System
Winter
2004 - 2005
Contents:
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P&A Q&A: Reasonable Accommodations in
Employment for People with Psychiatric Disabilities (Winter 2004-2005)
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WPAS and People First to build advocacy for high school
special education students
"Self-Advocacy in Motion" Will Reach Out to
Students Across the State
by Andrea Abrahamson
January 14, 2005
Every year, nationally, only 8% of kids who graduate
from special education go on to any type of postsecondary education, employment
or structured recreation activity. That means 92% of 18-21 year olds with
disabilities are stuck at home when the bus stops coming.
Washington Protection & Advocacy System and People
First of Washington were awarded a very competitive grant (only 11 in the
country) to complete a demonstration project, renewable for up to five years, to
build advocacy and employment skills for transition-age students in special
education.
This project, named Self-Advocacy in Motion, recruits
young adults from People First Chapters, to mentor students. Students will be
supported in the creation of People First Clubs, and will explore self-advocacy,
self-determination, leadership development and employment options. The project
will collaborate with community, state and federal resources, and advocates who
understand disability and employment, use of benefits, and self-employment for
people with disabilities.
Two school districts were selected to kick off the
project - Northshore School District and District 81 (Spokane) were selected for
project year one.
Advocacy Tools
Nationally and within our communities, there are all
kinds of resources, benefits, and programs designed to get students with
disabilities on the path to their vocational or educational dreams. The Self
Advocacy in Motion project exists to:
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connect students to these resources; |
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help students learn self-advocacy and
self-determination skills to build their lives; and |
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connect students to young adults with disabilities
who have successful employment and lives in our communities, and who can
mentor the students. |
Students in the People First Club will undergo an
intensive curriculum, taught by young adults with disabilities. The curriculum
combines the Reaching
My Own Greatness Training, the People First of Tennessee’s High School
Self-Determination Project, the University of Montana’s
Individualized Career Planning Model, and other advocacy curricula for
students and young adults with disabilities. All materials are designed for
students of all ability levels.
Each student in the People First Clubs will complete
an individual transition action plan, which packages the student’s job and life
skills, interests, and benefits into a marketable employment format, while
instructing the student in self-advocacy, self-determination and employment
options.
Thought Social Security or the Division of Voc Rehab wouldn’t
work for youth in transition? Think again!
For kids who are 16 and older, there are many Social Security work incentives
options of which students can take advantage. Many parents assume that they make
too much for their kids to qualify for Social Security benefits; however it’s
worth checking with a benefits planner to see if a
PASS plan or other work
incentive may help a student qualify and utilize work incentives. If a student
has an IEP or
504 plan, here are
some benefits to consider.
Did you know that when you are 18 you can apply for
SSI?
Social Security benefits provide you with medical coverage and a cash benefit to
help with living expenses while you are preparing for work, working part time,
or learning new life and work skills. There are also instances where a student
can qualify for SSI under parents’ income through a process called deeming
before the age of 18. Sometimes a
work
incentive, like a PASS plan, can help accomplish this.
Do you know that Division of
Vocational Rehabilitation (DVR) can help you get a job? The goal of the
DVR is to assist people with disabilities to obtain and maintain employment.
DVR also has a transition liaison for every high school in the State.
Contact your local office to apply for DVR services. Call 1-800-637-5627
voice/TTY to find an office near you.
Did you know that Social Security has many programs that allow you to try
working?
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“SEIE” (Student Earned Income Exclusion): This work incentive allows a
person age 22, not married or head–of–household, and regularly attending
school, to set aside earnings so they will not count against your SSI grant.
In 2004, the amounts are $1,370 monthly up to $5,520 yearly. |
| "PASS”
(Plan for Achieving Self-Support): A PASS plan is a written plan with
your job goal identified. A PASS plan allows you to put some of your income
and other resources in a separate bank account to pay for something that will
help you reach your job goal. By saving this money, you can become eligible
for SSI or increase your SSI grant. |
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“IRWE” (Impairment Related Work Expense):
Are there things you need related to your
disability that help you to get or keep a job? These expenses could be an
IRWE. IRWE’s must be requested by you and approved by SSA. IRWE can decrease
countable income and therefore increase your SSI grant. |
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“Subsidy”: Subsidies and Special Conditions refer to support
you receive on the job that could result in your receiving more pay than the
actual value of the services you performed. SSA deducts the value of
subsidies and special conditions from your earnings when they decide whether
you are working at the SGA level. |
Following are examples
of subsidies and special conditions:
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You receive more supervision than other
workers doing the same or a similar job for the same pay.
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You have fewer or simpler tasks to
complete than other workers who are doing the same job for the same pay.
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You have a job coach or mentor who helps
you perform some of your work.
For more information on any of these benefits, you can contact
a benefits planner.
King county: 206-322-8181
Kitsap County: 360-405-0620
Statewide: 866-497-9443
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A
“Free and Appropriate Public Education”:
More than just Sorting
Garbage
Important
Victory in Special Education case
by
David Lord
January
4, 2005
Envoy readers may remember
that we
reported last year that Vancouver special education students were being told
to sort trash as their “Work Experience Program”. The students were teased and
harassed by their classmates. The Associated Press picked up on the story, and
many were shocked by the reaction of the school district. The special education
director was quoted saying, : “… if you look at the real world, what you have is
individuals who would be doing these jobs.”
This story has a happy
ending! In this district, the federal special education requirement that
all students receive a “free and appropriate education” no longer means picking
through the trash. Last month, an administrative law judge found in favor of
parents challenging the school’s practice.
The court found the
district’s response to the student’s special education needs seriously deficient
in numerous critical areas. The parents were not provided with the opportunity
to participate in the development of the student’s Individual Education Plan.
The district didn’t provide the assistive technology needed by the student - an
FM device to assist hearing – because one of the teachers said the device
“hadn’t been helpful” for her daughter. The district ignored suggestions by the
parents and the student regarding his interests, taking no action to follow up
with transition services. 1800 hours of the student’s program in the eleventh
grade was described as “passing time”.
“What’s compelling about
this decision is that the judge found that the district denied the student a
free and appropriate education for all four years of high school,” said
David Girard, the WPAS attorney representing the parents.
“This means that the
district will have to provide him with compensatory vocational education for an
additional four years, subject to his parent’s approval, with the
appropriate assessments and assistive technology.”
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2005
Legislative Session Opens
Mental Health Parity on the Fast
Track
by
Phil Jordan
January 28, 2005
The 2005 Washington State Legislature is open for business!
Earlier this month, 147 Legislators - 49 Senators and 98 Representatives - began
their work for the year. The session is scheduled to last into mid-April,
although many observers believe that lawmakers will have difficulty balancing
the state budget, forcing the Legislature to continue into May (or beyond).
Among the hottest topics in Olympia this year is an issue you
have been reading about in Envoy for years - Mental Health Parity. WPAS is
a founding member of the Washington Coalition for Insurance Parity and after
seven years of pushing this boulder up the hill, it appears that parity
legislation is on track to become law. The Seattle Times had a front-page
article in their January 28 edition and stated that "after eight years of
futility, advocates fo the mentally ill are primed to finally get equal
treatment from health insurance."
What is Mental Health Parity
The basic idea is this - mental health services should be
covered by insurance the same way that other health care services are covered.
Currently, almost all insurance plans restrict access to mental health services
by limiting the number of times you can see your mental health provider or
through various methods of charging you more money to get those services
(co-pays, deductibles, etc.).
WPAS and the Washington
Coalition for Insurance Parity have
introduced a Mental Health Parity bill (House Bill 1154) that will
change all that. The bill requires many insurers to have equal co-pays for
mental health and other healthcare services, a single deductible, and no
arbitrary limits on visits to mental health professionals that do not apply to
other healthcare professionals.
The bill applies to many, but not all health insurance plans.
It does not apply to Medicaid or Medicare because those are federal programs and
are not subject to state law. The bill also does not include plans put
together by large corporations who provide their own health insurance. Two
other exceptions that are worth noting are that the bill excludes individuals
who buy individual health insurance policies or plans purchased by businesses
with 50 or fewer employees. It is unfortunate that politicians believe
that these exceptions are necessary and WPAS will continue to work for an end to
all discrimination by insurance companies against people with mental health
needs.
Despite these exceptions, WPAS and the Coalition are confident
that once parity is introduced for some policy holders, the results will
demonstrate that Mental Health Parity is not only the right thing to do, but
also cost effective.
One of the things that has stopped
Parity bills in past years is the fact that it will cost the state money to
implement Parity (this is because the state purchases insurance plans for
public employees and for low and moderate income residents of the state).
This year's bill seeks to minimize the state's costs during the current
biennium, and will "phase-in" Parity over the next six years. In fact, there
will be no cost to the state for the first five years of the phase-in.
To follow the progress of HB 1154 - the Mental Health Parity
bill - sign up for WPAS E-Mail Updates
(e-mail philj@wpas-rights.org) or check in regularly at WPAS' Public Policy web
page (go to www.wpas-rights.org and
click on the "Public Policy" button).
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WPAS Updates: What's
Happening at WPAS?
by Phil Jordan
December 14, 2004
Voting Accessibility Survey Completed - Results Being Tabulated
On November 2, 2004 - Election Day - WPAS joined forces with the
Centers for Independent Living (CILs) across the state to examine polling places
throughout Washington. Additional support for the survey came from the
Governor's Committee on Disability Issues and Employment. Dozens of
volunteers went to more than 200 polling places to see how accessible voting is
in our state. The surveys were 11 pages long and covered a variety of
different accessibility issues. Everything from parking and transit to
stairs and ramps were covered in the survey, which is based on a survey that
county auditors have been self-administering for years. Other topics addressed
by the survey included the accessibility of the voting booths, the complaint
process for people who are unhappy with their experience, and the availability
of ballots in alternate formats.
WPAS originally hoped that enough people would volunteer so that
we could survey 100-125 polling places. The Centers for Independent Living
notified people who use their services and the idea was extremely well-received.
WPAS contacted all seven of the CILs and provided training for all people who
were interested in volunteering to examine polling places on election day.
So many volunteers came to the trainings that more than 215 polling places were
surveyed! The trainings took place all across the state, from Spokane to
Vancouver, and participation by the volunteers was extraordinary. In
Spokane, the county auditor - the person who is in charge of elections in that
county - came to the training and lent her support to the effort to make
elections more accessible. Representatives from other county auditors
attended some of the other trainings, too.
Volunteers who attended the trainings received information on
the rights of voters with disabilities, how to examine a polling place without
interfering with voters, provisional and absentee ballots, and the importance of
having accessible polling places even if many people vote with absentee ballots.
This last point was brought home when one participant sheepishly admitted that
he had lost his absentee ballot and was worried that he would not be allowed to
vote. He learned that he was entitled to go to the polling place on
election day and request a "provisional ballot," and that ballot would be
counted.
Volunteers received a survey kit which included a clipboard,
measuring tape, pen and the survey itself. The trainings walked the
volunteers through the survey, and in each of the sessions there was a lively
discussion about what it means to be accessible for people with a wide variety
of disabilities.
The results of the survey are now being tabulated and the
results will be shared with county auditors and the Secretary of State - the
statewide official who is responsible for elections. The CILs will also be
given a copy of the results of the survey for their county (or counties).
The final results will probably be tabulated in January of 2005.
Below is the list of individuals who participated in the Polling
Place Survey project. WPAS would like to thank all of them for their hard
work and dedication in making this project so successful.
| Andrea Abrahamson |
Krystel Anderson |
Jim Baker |
Karen Baker |
| Sean Barrett |
Robert Blumenfeld |
Laurel Britt |
Connie Brittain |
| Patt Buff |
J.M. Bush |
Leslie Carey |
Sandra Carr |
| Abbey Ceja |
Susan Cook |
JoAnne Corson |
Laura Coston |
| Angie Crawford |
Pamela Crone |
Janet Davis |
Lonnie Davis |
| Emily Earth-Spirit |
Von Elison |
Cindy Falter |
Stephen Harris |
| Ron Helgeson |
Esmerelda Hernandez |
Erich Ho |
Todd Holloway |
| Dr. Dean Hummels |
Lynn Hunter |
Edna Jones |
Phil Jordan |
| Marie Jubie |
Nan Kelly |
Teresa Kerbs |
Scott Larson |
| Shawn Latham |
Diane Lennard |
David Lord |
Mary Jo Magruder |
| Gillian Maguire |
Jim Marchioro |
Jeanette Murphy |
Danielle Neal |
| Kinuko Noborikawa |
Toby Olson |
Joyce Park |
Norm Park |
| Melissa Pilant |
Martha Pitts |
Danette Price |
Jerry Romano |
| Barbara Ross |
Andrew Rubotton |
Betty Schwieterman |
Cliff Schulman |
| Nicole Selene |
David Severson |
Karen Sheppard |
Brain Shipman |
| Gary Simmons |
Mike Smith |
Sunnie Smith |
Gladys Springborn |
| Mark Stroh |
Fern Swecker |
Bruce Tabb |
Gretchen Thatcher |
| Matthew Tiwebemal |
Tracy Tiwebemal |
Robert Wardell |
Ryan Warner |
| Jay Westphal |
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P&A
Q&A - Answers to Questions People Ask WPAS
Reasonable
Accommodation for People with Psychiatric Disabilities
Law-In-Brief: Employment #5
Date:
September 17, 2002
Prepared by:
Elizabeth Baldwin
Under the Americans with
Disabilities Act (ADA), and U.S. Equal Employment Opportunity Commission (EEOC)
policy, “covered entities” must make “reasonable accommodations” for “qualified”
applicants and employees with known disabilities unless making those
accommodations causes an “undue hardship.” This law includes persons with
psychiatric disabilities. Please review the “Reasonable Accommodations” FYI
#2 for more details about how these laws and regulations might apply to you.
When I went to a job
interview last week, the employer asked me if I have any “mental health
problems.” Are employers allowed to ask that at an interview?
No.
Before giving you
an offer of employment, employers are NOT allowed to ask any disability-related
questions regarding
the nature or severity of your disability. They are also prohibited
from demanding
that you take a medical examination,
even if the
examination is related to the job.
In
addition, before offering you the job, the employer may not attempt to get this
information from you by asking indirect questions about your disability like:
“will you be needing accommodations?”
But, the employer CAN ask if you are able to perform the “essential functions”
of the job. Please
see the Reasonable Accommodations FYI if you would like more details about this
issue.
My employer must know
that I have a psychiatric disability, since she has seen how difficult it is for
me to concentrate on my work. Under the ADA, isn’t she automatically supposed
to accommodate my disability?
No. Your employer may be required to make reasonable accommodations for you,
but not automatically. First, you must make sure that your employer understands
that you have a need for accommodations and that you have a disability
recognized by the ADA or state or local laws against discrimination. Next, you
and your employer must discuss your needs so that you both can determine the
best solution. Remember, your employer may not know that you have a disability
or what type of accommodation you need, even if it seems obvious to you (or to
most people).
What kind of
accommodations might I request to accommodate my psychiatric disability?
Some examples of
reasonable accommodations for persons with psychiatric disabilities may include:
(1) modification of work schedules; (2) putting up partitions to help minimize
distractions; or (3) providing job coaches. Accommodations should be developed
on a case-by-case basis, depending on the actual needs of the employee and the
resources of the employer. An accommodation is unreasonable if it creates an
undue hardship on the employer or if the accommodation requested is a
modification to one of the essential functions of your job. An employer may
also decline to provide an accommodation if the employee poses a “direct threat”
to the health and safety of others that cannot be resolved by the accommodation.
Can I request specific
accommodations?
Yes. It is a good idea to
offer suggestions for reasonable accommodations when you make your request.
However, your employer is only obligated to provide you with “effective”
reasonable accommodations. These accommodations could be less expensive, or
different from the ones you had hoped for when you originally made your
request. Therefore, try to be flexible about what accommodations will be
acceptable to you.
Where can I find more
information on employment and the ADA?
You can look at the other
WPAS FYIs on employment law and reasonable accommodations, and you may contact
the following institutions:
Northwest ADA/IT Center
Child Development and Rehabilitation
Center
P.O. Box
574
Portland, OR 97207-0574
(800)
949-4232
U.S. Equal Employment Opportunity Commission
909
First Avenue, Suite 400
Seattle, WA 98104
1-800-669-EEOC
www.eeoc.gov
Washington State Human Rights Commission
Seattle
Office:
1-800-605-7324 (voice) or 206-587-5168 (TTY)
Olympia
Office:
P.O. Box
42490
711 S.
Capitol Way, Suite 402
Olympia, WA 98504
(360)
753-6770
1-800-233-3247 (voice) or 1-800-300-7525 (TTY)
Spokane
Office:
Great Western Building
W. 905
Riverside Ave., Ste. 416
Spokane, WA 99201-1099
509-456-4473
Yakima
Office:
32 N.
3rd Ste., 422
Yakima, WA 98901-273
1-800-662-2755
US Department of Justice
Civil
Rights Division
P.O. Box
66118
Washington, DC 20035
(202)
514-0301
www.usdoj.gov/crt/ada
F.Y.I. SERVICE is an information service of the Washington
Protection & Advocacy System (WPAS). It provides general information only and
should not be used as legal advice for any specific situation. If you would like
more information about this topic, call us and ask for a Resource Advocate.
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Envoy Archives
Click here to browse
past issues of Envoy. If you are not reading this on the internet and
want to receive previous articles from WPAS, you can contact us by phone, letter
or e-mail at:
Washington Protection &
Advocacy System
315 - Fifth Avenue South, Suite 850
Seattle, WA 98104
*Phone: (206) 324-1521 or in Washington State: (800) 562-2702
TTY: (206) 957-0728 or in Washington State: (800) 905-0209
Fax: (206) 957-0729
*Interpreters Available in over 200 languages via AT&T Language Line
E-mail: wpas@wpas-rights.org
URL: http://www.wpas-rights.org
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Envoy On-Line
Credits
Editor and Webmaster: Phil Jordan
Contributing Editors: Andrea Abrahamson, Andrea Amaya, David Lord, Gillian Maguire, Betty Schwieterman, Annaliza
Torres
Envoy On-Line is the newsletter of the Washington Protection and Advocacy
System (WPAS), a private, non-profit agency that has been protecting the rights
of people with disabilities since 1972. WPAS is a member of the National
Association of Protection and Advocacy Systems. Eligibility for WPAS services is
determined by federal law. Contact WPAS
if you would like more information about our current priorities and available
services.
Envoy On-Line is not intended, nor should it be used, as a substitute for
specific legal advice since legal counsel may only be given in response to
inquiries regarding particular factual situations.
Envoy On-Line is available at no charge to interested persons in
Washington and is available in alternative formats upon request. To add your
name to the ENVOY mailing list, call or write:
Washington Protection and Advocacy System
315 - Fifth Avenue South, Suite 850
Seattle, WA 98104
Phone: (800) 562-2702 or (206) 324-1521
TTY: (800) 905-0209 or (206) 957-0728
Fax: (206) 957-0729
E-mail: webmaster@wpas-rights.org
Do you have feedback, questions or an opinion about one of the stories in
Envoy On-Line? Email Us.
Interested in past issues of Envoy On-Line? You can find them in the
Envoy On-Line Archives.
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