PRIORITIES AND OBJECTIVES FOR PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS OF PEOPLE WITH DISABILITIES (PAIR)

October 1, 2002 - September 30, 2003

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

II. Statement of Priorities and Objectives

Clients presenting those issues identified as priorities in this statement will ordinarily receive some type of representation from ODLC. This representation may include legal advice and counseling, negotiation and mediation, administrative and legislative advocacy, individual case representation and complex litigation. Although the presentation of a priority issue will be the major factor considered in deciding whether or not to accept a particular case, other elements may also be determined in case acceptance, including (a) the likelihood of success; (b) the urgency of a particular matter and the likely consequences for the client; (c) the resources necessary to provide high quality representation and the resources available to ODLC; (d) the availability of alternative advocacy resources in the community, including the capacity of the client for self-advocacy; and (e) the impact that resolution of a particular matter will have upon the eligible client community. This statement sets forth both casework and administrative priorities that are central to implementation of the PAIR program in a client-directed manner. The framework for current priorities reflect the consensus of consumer advocates and has been updated to reflect areas of articulated interest and need. Public comment continues to indicate a strong interest in problems related to educational issues, particularly for systemic change for the improvement of children with disabilities and development of community support for integration in education. In order to benefit persons eligible for PAIR, ODLC is continuing coordination of its program with PADD, PAIMI and the parent training organization for the upcoming fiscal year.

A change in eligibility had a significant impact on services rendered during the past fiscal year. The implications of the eligibility change are still being discovered as the PAIMI program draws away more of the clients with serious mental illness who live in the community.

An amended Oklahoma statute on bully and harassment prevention in schools, effective November 2002, provides opportunities for ODLC increasing enforcement of federal and state mandates not to harass students with disabilities while in school.

Historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem. Individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of various barriers, overprotective rules and policies, failure to make modifications to facilities and practices, exclusionary qualification standards, segregation and relegation to lesser opportunities. The nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living and economic self-sufficiency for such individuals. The continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and pursue those opportunities for which our free society is justifiably famous. Americans With Disabilities Act of 1990, 42 U.S.C. § 12101. These are among the driving forces which generated the following objectives and priorities of ODLC in its effort to be part of the federal government's central role in enforcing standards established in anti-discrimination statutes.

1. Improve access to appropriate services for persons with disabilities, including but not limited to employment, housing, transportation, income, medical care, education and vocational training.

Education, income, housing, transportation and medical care are basic to independent living in America. Persons with disabilities face pervasive discrimination in these areas. Individuals with disabilities will never be able to lead productive and fulfilling lives until they are able to obtain basic life necessities such as housing, education, income, medical care and transportation.

a. provide representation to clients to enforce anti-discrimination statutes preventing discrimination in the areas of education (with particular emphasis on prevention of bullying and harassment), income, housing, transportation and medical care, including coordination with other federal and state agencies who enforce anti-discrimination statutes.

b. provide representation to clients who face systemic barriers (ramps, elevators, parking, benefit exclusion based on disability) to full participation in these areas.

c. provide legal advice and counseling to clients and parents/guardians, including advocacy organizations, to assist them in developing self-advocacy skills for mediation and other remedies to promote inclusion in the least restrictive educational environment, establishing a working dialog with the State Department of Education to promote inclusive education throughout the 543 school districts in Oklahoma. Develop a website, accessible to the public, for dissemination of up-to-date materials needed for self-advocacy.

d. provide information and referral and short term assistance, where appropriate, to eligible clients who are seeking social security disability benefits.

e. support enforcement efforts for integration mandate of Olmstead opinion of U. S. Supreme Court

2. Monitor facilities, state agencies and other service providers that provide or supervise services for those persons with disabilities to eliminate abuse, neglect and improve access to and quality of appropriate services.

Individuals with severe adult-onset disabilities are frequently housed in nursing homes or other facilities where conditions are seriously substandard, and in some instances actively abusive.

a. compliment the efforts of the PAIMI program in seeking to improve community mental health services in Oklahoma and the efforts of the PADD program in seeking to improve community services for people with developmental disabilities.

b. provide representation to residents of nursing homes and other facilities to protect them from abuse and neglect and to help them access needed assistive technology devices and services; coordinate with State Long Term Care Ombudsman and State Adult Protective Services to identify and monitor situations in nursing homes.

3. Respond to issues and needs identified by groups who advocate on behalf of consumers.

Often disability issues arise which could not have been anticipated at the time of the development of priorities and objectives for the fiscal year. ODLC should identify and be responsive, when resources are available, to groups who advocate on behalf of consumers when they identify problems for their constituents which could be corrected with timely application of legal resources.

a. advocacy and educational groups, such as Oklahoma Parents Center.

b. disability oriented advocacy organizations (such as Multiple Sclerosis Society, etc.), including developing self advocacy strategies for their members where appropriate with particular emphasis on disabilities which are ordinarily eligible for PAIR, but not for PADD or PAIMI.

c. committees and task forces which focus on particular problems for individuals with disabilities, such as Homelessness Task Force, etc.

d. private and public entities who are willing to implement the Americans With Disabilities Act and request technical assistance

e. consumer organizations and targeted populations for distribution of the ODLC program brochure (English and Spanish), articles for disability rights organization newsletters and presentations to disability rights and consumer organizations to publicize the PAIR program

f. maintain PAIR's integration into the Oklahoma Protection and Advocacy System

g. Oklahoma Office of Handicapped Concerns, which administers CAP, for the purpose of coordinating ODLC's services to its PAIR-eligible individuals with OHC's service to its CAP-eligible services where appropriate

III. Rationale for Priorities and Objectives

These priorities and objectives represent a modification of the initial priorities and objectives for the primary purpose of simplifying the areas of focus in response to consumers and consumer organizations. Consumers and consumer organizations remain interested in basic life necessities (whether living independently or within a facility such as a nursing home) and those providers or governmental entities who refuse to follow existing laws so that the basic life necessities were available to persons with disabilities. Also, they remain interested in ODLC's ability and willingness to respond in a timely manner to new and important issues as they may arise throughout the fiscal year. During the past fiscal year (FY 2002), enforcement of the L.C. v. Olmstead opinion center around regular meetings at the Oklahoma Health Care Authority. The emphasis will continue throughout FY 2003 becaue of a new statute appointing an Olmstead legislative committee to assume the leadership role. ODLC will continue to encourage the development of a comprehensive working plan for integration of people with disabilities into the community in a manner consistent with the Olmstead opinion. ODLC continues to refine its priorities and objectives to enhance collaboration with Oklahoma=s parent training organization and the PADD and PAIMI programs during the upcoming FY 2003.

IV. Conclusion

This statement of priorities and objectives provides guidance to ODLC staff in the acceptance of cases and to ODLC management in the allocation of resources to PAIR activities. This statement, however, should not be regarded as inflexible. Each potential client's case must be evaluated based upon its own unique circumstances. New legal problems for people with disabilities often arise, and must be evaluated in the context of existing priorities. The priorities include flexibility to respond to consumers and consumer organizations throughout the fiscal year, based upon need and availability of program resources.

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