NDSC

July 12, 2012

National Down Syndrome Congress

Governmental Affairs Newsline 

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In This Issue
DOJ Findings in Oregon
Transition Plans for Students with Disabilities
 
Capitol Building 
 
 
 
National Down Syndrome Congress
30 Mansell Court
Suite 108
Roswell, GA 30076
ndsc@ndsccenter.org
800-232-6372/770-604-9500
 

Just one week until NDSC's Day on the Hill!

 

DOJ Findings on Segregated Employment in Oregon

 

Transition Plans for Students with Disabilities

Department of Justice Issues Findings on Segregated Employment in Oregon  

 

The Department of Justice (DOJ) has issued a findings letter on its investigation of employment and vocational services for people with intellectual and developmental disabilities in Oregon. The letter, quoting the Supreme Court case of Olmstead v. L.C., 527 U.S. 581 (1999), says in part,   

 

. . thousands of individuals still spend the majority of their day-time hours receiving employment services in segregated sheltered workshops, even though they are capable of, and want to receive employment services in the community. Such unjustified segregation makes many of the benefits of community life elusive for people with disabilities, even though they are residing in the community. In this way, "work options" are frequently an important gateway to the other "everyday life activities" that the Supreme Court recognized in Olmstead to be severely diminished by unnecessary segregation, including "family relations, social contacts...economic independence, educational advancement, and cultural enrichment."

 

DOJ's five major findings are:

 

1. Sheltered workshops are segregated settings;

2. The majority of Oregon's employment and vocational services are delivered in sheltered workshops;

3. Oregon administers its employment and vocational service system in a manner that segregates persons with disabilities in sheltered workshops;

4. Persons with disabilities exiting the school system are at risk of placement in sheltered workshops; and

5. Serving persons with disabilities in integrated employment settings can be reasonably accommodated.

 

DOJ recommends two remedial measures. First, DOJ recommends that the state "develop sufficient supported employment services to enable those who are unnecessarily segregated in sheltered workshops to receive services in the most integrated setting appropriate to their needs." Second, DOJ recommends that the state implement an effective discharge and transition plan to transition people in workshops into integrated employment.

 

To read the DOJ letter, click here

Letter from the Office of Special Education Programs about transition plans for students with disabilities

 

In a June 22, 2012 letter, the Office of Special Education Programs in the Department of Education, gave informal non-binding guidance about the responsibility of school systems to ensure that students with disabilities whose transition plans call for placement in work settings are placed in the least restrictive environment (LRE). The letter provided that ". . .if a work setting is an appropriate transition service for a student, it must be included in the child's individualized education program (IEP)."

 

Additionally, it stated that the Individuals with Disabilities Education Act (IDEA) inclusion provisions pertain to the employment portion of the student's program and that a segregated setting (work placement) is not justified if the use of supplementary aids and services (i.e., job coach) could support the student in a less restrictive setting.

 

If you have questions, contact susan@ndsccenter.org