October 1, 2003 - September 30, 2004

I. Identification Data

Oklahoma Disability Law Center, Inc.
http://www.oklahomadisabilitylaw.org

Oklahoma City: 2915 Classen Boulevard
300 Cameron Building
Oklahoma City, OK 73106
Telephone: (405) 525-7755 V/TDD
(800) 880-7759 V/TDD

Tulsa: 2828 East 51 Street
302 Interim Building
Tulsa, OK 74104
Telephone: (918) 743-6220 V/TDD
(800) 226-5883 V/TDD

Contact: Kayla A. Bower, J.D.
Executive Director
(405) 525-7755 V/TDD
FAX: (405) 525-7755
e-mail: kbower1@flash.net

Priority #1: People with developmental disabilities will be less likely to be abused and neglected.

Need, issue or barrier to service addressed by this priority: Abuse and neglect continues to occur in licensed facilities, including institutions, jails and prisons, nursing homes, specialized nursing homes such as ICF/MR's and residential care facilities, group homes and public schools. The people who live in these facilities are the most vulnerable and least likely to advocate for their rights. ODLC continues to conduct independent investigations of abuse and neglect in these facilities, when there is not a state-operated investigative unit or ODLC feels the investigative unit has not done an adequate investigation. ODLC will continue to assert and enforce its access authority under both federal and state law. During the prior fiscal year one ICF/MR undertook litigation, which is still pending, which attempts to prevent the P&A from entering the common areas of the ICF/MR to visit with residents who have developmental disabilities and who would be eligible for services at the P&A.

Impact on quality of life for persons with developmental disabilities due to this priority: Independence, Productivity & Integration/Inclusion

Impact on case selection criteria: ODLC will provide direct representation in cases of abuse and neglect resulting in death, serious injury and illegal seclusion and restraint of individuals with developmental disabilities. Representation will encompass investigation, negotiations and litigation, when necessary. ODLC will continue representation in ongoing litigation and administrative actions.

Collaboration with DD Network: The individual cases selected under this priority will most likely be handled by the law center alone, but occasionally will benefit from resources provided by the DD Network (such as suggestions for expert witnesses, etc.).

Other Collaboration: ODLC will collaborate with the State's Long Term Care Ombudsman program and the Oklahoma Department of Health with respect to complaints in nursing homes. ODLC will collaborate with the Advocate General's Office with respect to complaints in the mental health system and with the Office of Client Advocacy for complaints in the state's developmental disability system.

Impact on under/unserved and minority populations: Many of the ICF/MR's are located in rural, underserved areas.

Need for this priority identified by: Public comment, experience and monitoring activities.

Priority is in the following areas: Quality assurance including abuse, neglect and other violations or rights, education and early intervention, child care, health care

Indicators of Success: # of persons with disabilities whose environment was changed to increase safety and welfare

Priority #2: Students with developmental disabilities in the public school system will receive appropriate educational services.

Need, issue or barrier to service addressed by this priority: Students with disabilities are being denied special education and related services necessary to receive a free appropriate public education (FAPE) in the least restrictive environment. This priority addresses the legal, individual and systemic barriers of this issue. Emphasis will be placed on issues related to assistive technology, extended school year services and improper seclusion and restraint (or failure to place student in least restrictive environment).

Impact on quality of life for persons with developmental disabilities due to this priority: Independence, productivity and Integration/Inclusion

Impact on case selection criteria: ODLC will consider cases involving students with disabilities where a legal solution appears to be the only alternative in order to achieve FAPE and provide litigation services, where appropriate. ODLC will consider a lawsuit or systemic action to be taken against the State of Oklahoma if SDE rules for pretrial and trial proceedings are not applied (or rewritten, if necessary) in such a manner that parents are able to obtain an appropriate education through the due process system. ODLC will continue pending litigation and administrative actions.

Collaboration with DD Network: DD Council and P&A expect to continue collaboration on training program called "Partners in Education Advocacy" (PEA). ODLC will work with DD Network to disseminate useful information to parents and students.

Other Collaboration: ODLC will work with federally funded parent training and information center to refer parents for general information and support when a legal response is not required. ODLC will incorporate a community action component into its Partners in Education Advocacy training program.

Impact on under/unserved and minority populations: Many parents in the state do nto understand their basic educational rights, including minorities in both urban and rural school districts. Outreach will be targeted to these groups. Nine counties, most of which are rural, will be targeted by the Partners in Education Advocacy training program for development of library materials in both their county law library and their public library so that parents and lawyers will have increased opportunity to learn about and research special education law.

Need for this priority identified by: Public comment, Advisory Council, experience, monitoring activities

Priority is in the following areas: education and early intervention, employment

Indicators of Success: # of persons with developmental disabilities who secured or maintained a more appropriate education as a result of P&A intervention

Priority #3: People with developmental disabilities will be free of discrimination based on disability (for example, Americans with Disabilities Act of 1990 Enforcement )

Need, issue or barrier to service addressed by this priority: People with disabilities are segregated and discriminated against in ways that were contemplated to be eliminated by the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973. Too often, people with disabilities are unaware of their rights and unable to enforce them when faced with exclusion or other discrimination.

Impact on quality of life for persons with developmental disabilities due to this priority: Independence, productivity and Integration/Inclusion

Impact on case selection criteria: ODLC will accept cases which present issues of discrimination prohibited by law that cannot be addressed through existing complaint systems. Special attention will be given to areas where a legal remedy appears to be the only available solution, for example, when a governmental agency or court refuses to provide an interpreter for a person who is deaf when asked to do so and fails to provide any legal justification for doing so, or when people with developmental disabilities are excluded from an activity or service based on their disability.

Collaboration with DD Network: Will provide technical assistance when applicable; participate together on the legislatively created task force on Olmstead .

Other Collaboration: The P&A will encourage persons with developmental disabilities to utilizes the enforcement mechanism provided by the US Department of Justice, and the P&A will collaborate in any enforcement action in conjunction with the US Department of Justice. The P&A will also utilize other federal agencies with enforcement mandates, such as the Office of Civil Rights (HHS), Equal Employment Opportunity Commission (EEOC) and Housing and Urban Development (HUD). The federally funded Disability Law Resource Project will be utilized for technical assistance and as an informational resource.

Need for this priority identified by: Public comment, experience, monitoring activities.

Priority is in the following areas: Quality assurance, education and early intervention, child care, health care, employment, housing, transportation, recreation

Indicators of Success: # of persons whose personal decision making was maintained or expanded as a result of P&A intervention

Priority #4: People with developmental disabilities will receive their procedural due process rights in public benefits.

Need, issue or barrier to service addressed by this priority: Many state programs are facing budget cuts that threaten to eliminate services or make services not available in the future for new applicants. Many people remain fearful of losing necessary minimum benefits or not obtaining benefits when they are needed. Benefits denial for people with developmental disabilities are most likely to continue in the areas of Medicaid and DDSD services. Instability in the provider area further threatens the ability to obtain benefits.

Impact on quality of life for persons with developmental disabilities due to this priority: Independence, productivity and integration/inclusion

Impact on case selection criteria: Where assistance of an attorney or advocate is needed and might make a difference in the outcome cases will be considered for acceptance, with a preference for (1) benefits terminated because of budget cuts of any agency or (2) children who fail to receive EPSDT and full Medicaid services, whether because of failure to enroll or denial of mandatory benefits. ODLC will continue to rely on supporting self-advocacy effort, where feasible, to supplement individual and systemic casework.

Collaboration with DD Network: ODLC will continue to work cooperatively to identify clients who need legal assistance for benefits denial and alternatives to legal assistance which will improve the options for a client.

Other Collaboration: The Oklahoma Parents Center, Parents as Partners, Oklahoma Parent Electronic Network, and other support networks will disseminate information about availability of legal services in priority.

Need for this priority identified by: Public comment, experience, monitoring activities.

Priority is in the following areas: Quality assurance, education and early intervention, child care, health care, housing

Indicators of Success: # of persons with developmental disabilities who secured information about their rights and due process safeguards in accessing and receiving services.

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