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In this issue:

About the DD Quarterly

Copyright © 2008, Content may be reprinted upon request.

DD Quarterly Now Sent Electronically

Welcome to the first electronic issue of the DD Quarterly! ODDC hopes readers have a positive experience receiving and reading the newsletter using this electronic medium.

The DD Quarterly has been published in a paper format for over 16 years. ODDC moved to an electronic format to allow readers to receive the newsletter in a more timely manner and to reduce printing and postage costs.

Organizations Partner with ODDC

An initial network of organizations that will send the electronic version of the DD Quarterly, has been identified. The members and subscribers of these organizations are individuals with disabilities, their families, unserved/underserved populations, and providers of services. If your organization would like to assist in the electronic dissemination of the DD Quarterly, contact Tom Hemmert (contact iinformationat end of article).

DD Quarterly readers are also encouraged to expand the DD Quarterly's audience by forwarding this newsletter to others. Help ODDC inform people with disabilities about issues and accomplishments in Ohio.

The DD Quarterly newsletter is available on the ODDC (www.ddc.ohio.gov) and OLRS (www.olrs.ohio.gov) websites. It is also available through the Ohio Telephone Reader Service. To sign up for this free reader service, call (888) 687-3935.

As always, we want your feedback. Tell us your ideas and how we can improve the DD Quarterly. Send your comments to Tom Hemmert, OLRS, by phone at (voice) (614) 466-7264 or (800) 282-9181 / (TTY) (614) 728-2553 or (800) 858-3542, or by email at newsletter@olrs.state.oh.us .

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ODDC Members Appointed

Three new members have been recently appointed to ODDC. The new members include Margaret Demko of Albany, Angela Denny of Lewis Center, and Judith Carey of Warren. More information about these and other appointments will be highlighted in the next edition of the DD Quarterly.

The ODDC is a group of 35 people, appointed by the Governor, who plan and advocate for Ohioans with disabilities. Council members serve three-year terms.

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Apply Now for Medicaid Buy-In Program

Workers with disabilities can now apply to "buy into" Medicaid. Ohio's Medicaid Buy-In for Workers with Disabilities (MBI-WD) program went into effect on April 1, 2008, after the Centers for Medicare & Medicaid Services approved the state's plan for the program. Ohio now joins the majority of states that offer Medicaid Buy-In.

The MBI-WD program makes it possible for workers to earn more and advance in their careers without the threat of exceeding Medicaid's income limits and losing health care coverage. Workers age 16-64 who meet financial eligibility requirements and have a disability (as defined by the Social Security Administration) can receive Medicaid coverage. MBI-WD increases the maximum income levels for eligible Ohioans who are on Medicaid, and who are working, to 250% of the Federal Poverty Level, excluding the first $20,000 of earned income, and allows those with greater income to pay a premium and continue coverage.

For more details about MBI-WD eligibility requirements, see the article, Despite Medicaid Buy-In Delay, Plan to Apply Now, in the Winter 2008 issue of the DD Quarterly.

To Apply for MBI-WD

Application forms are available on the Ohio Department of Job and Family Services (ODJFS) website (Go to http://jfs.ohio.gov/OHP/MBIWD_app.stm), or at your county department of Job and Family Services office.

For More Information

Need Help with MBI-WD Issues?

Contact one of the following organizations if you experience a problem applying for the MBI-WD program.

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The Ohio Center for Autism and Low Incidence Disabilities Conference

The theme of this year's conference is: "Transition Planning for Students with ASD: What is Required and What Works". The conference will provide a review of latest requirements for Individualized Education Plan (IEP) Transition Plans, Best Practices in Transition Planning, and Implications for Students with Autism Spectrum Disorders. This is a free conference and will be held June 25 - 26, 2008 at the Courtyard by Marriott Columbus West, 2350 Westbelt Drive, Columbus, Ohio. For registration and information contact Sue Fraley by phone at (614) 257-7626, email at sue_fraley@ocali.org or visit the OCALI website.

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Chairman's Message

By Michael Scholl, Chairman of ODDC

Spring is here, and for many people, it is time to do some house cleaning. It is no different at ODDC. ODDC voted at the February meeting to change both the frequency of its meetings and the meeting schedule. The changes were made, in part, to comply with the Governor's request that boards and commissions reduce meeting-related expenses as a demonstration of their wise stewardship of taxpayer dollars. The reduced schedule also reflects how other DD Councils across the country conduct their meetings.

ODDC will meet only six times a year: March, May, July, September, November, and December. The November meeting will be devoted solely to reviewing new and continuing grants. ODDC's vote on its annual State Plan will continue to take place at the July meeting.

The meeting schedule for ODDC committees and subcommittees was also revised. ODDC's website lists the times of these meetings. The Business Meeting is scheduled for Fridays from 11:30 a.m. to 1:30 p.m.

I am confident that these changes will make for a more efficient Council and better serve the people of Ohio.

Remaining ODDC Meeting Dates for 2008

The May and July meetings will be held at the Ramada Plaza Hotel and Conference Center, 4900 Sinclair Road, Columbus, Ohio. The locations for the September through December meetings will be posted on ODDC's website when arrangements are finalized.

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Futures Committee Recommends Changes to MRDD System

Recommendations made in a report by the Futures Committee of the Ohio Department of Mental Retardation and Developmental Disabilities (ODMRDD) will guide the development of Ohio's system that serves individuals with mental retardation and development disabilities and their families. The report, submitted to the Governor and the General Assembly on March 28, 2008, makes 31 recommendations for accessing and financing services and supports; delivering quality services; and serving populations with specialized needs. The recommendations emphasize regional planning to meet service needs, and the involvement of individuals and families in directing services and defining quality of services.

Public Hearing on Recommendations

The Futures Committee, prior to finalizing its recommendations, held a hearing to receive comments from the public. Nearly 30 people — including many individuals with disabilities or family members — presented testimony to a standing room only crowd. People testified on many issues, including the need for a system to be family-centered and family-directed, expanding individual choices in services, issues related to housing and employment, improving wages for direct care providers, and resolving difficulties with waiting lists. Several testified about the needs of people with autism and fetal alcohol syndrome, and those who need early intervention services. Others testified about their desire to keep developmental centers as a residential choice, while many took the opportunity to express satisfaction with services and supports they receive through the MRDD system.

FSCouncil Advocates Testify on Recommendations

Three family members of the Family Support Council (FSCouncil), an ODDC grantee, testified at the Futures Committee public hearing about the significance of putting the voice of families above all others in planning for the future of Ohio's MRDD system. "It is a vital and fundamental underpinning to all the proposed recommendations," testified Mary Ruth Coles at the February public hearing.

Colette Adams noted the importance of formalizing how Ohio listens to families and pointed to the FSCouncil as a successful model. "A formal system of listening works. The FSCouncil is proof of that. The state-level family/agency partnership established within the FSCouncil has resulted in an informed system change that addresses needs identified by families," testified Adams.

ODMRDD should "adopt a philosophy that puts the voice of families above all others," said June Rich, urging ODMRDD to be a leader in changing the system that supports people with developmental disabilities. Taking a leadership role ensures that "Ohio's entire system of supports, to which ODMRDD is inextricably tied, is family-centered and family-directed," concluded Rich.

For More Information About the Report

To read the Futures Committee Report and testimony from the public hearing, go to http://odmrdd.state.oh.us/futures/odmrdd.htm .

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Director Martin Comments on the Futures Report

The DD Quarterly posed several question about the Futures Report to John Martin, Director of Ohio Department of Mental Retardation and Developmental Disabilities (ODMRDD).

DD Quarterly: How do the recommendations involve and empower individuals and their families?

Director Martin: As you look through the recommendations, I think you will see numerous examples of things that will involve and empower individuals and their families. There are a number of recommendations that will increase information available to individuals and families to help them make more informed decisions. There are a number of recommendations that allow for more formal input by consumers and families as to how the system services are meeting their needs. There are many examples that speak to more individual/family involvement and control in the planning process. One of the most empowering things is the access to money. The emphasis on supported employment, which you will see in a couple of recommendations, will help individuals improve their financial status.

DD Quarterly: How will you involve individuals and their families to make sure that their voices are heard and responded to as ODMRDD implements the recommendations? How will you assure that their voices are not drowned out by competing interests?

Director Martin: Just as we utilized individuals and families and listened to their voices in the development of these recommendations, we will continue to solicit their input as we move forward toward implementation.

DD Quarterly: How do the recommendations address the needs of Ohioans with developmental disabilities who want to live in the community?

Director Martin: One of the themes you will see throughout the report is strengthening the infrastructure that helps to develop and provide opportunities for Ohioans with disabilities who want to live in the community. You will see a lot of emphasis on training, a more focused monitoring system, a more stable system of funding, and more regional planning to establish services for individuals with complex needs.

DD Quarterly: Will recent budget cuts and personnel changes impact the implementation of the recommendations?

Director Martin: We are committed to implementing these recommendations despite the economic climate we find ourselves in. Any cuts and personnel changes may impact the speed and sequencing of the recommendations.

DD Quarterly: Which recommendation is the most important to you as a family member of a person with a disability?

Director Martin: As a parent, I feel that the most important thing is the relationship between my son and his caregivers. Given this, the recommendations which relate to their pay, benefits, and training are probably the two most important things.

Highlights of the Futures Recommendations

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Ohio Advocates Go to Washington

Confident and experienced Ohio advocates are making an impression in Washington D.C. and improving opportunities for people with disabilities. Graduates of the Partners in Policymaking program (Partners), an ODDC grantee, were in the nation's capital to meet with policymakers about disability issues, and to attend a Disability Policy Seminar.

Advocates spoke with members of the Ohio congressional delegation and staff about key pieces of legislation, including the reauthorization of the Developmental Disabilities (DD) Act.

Advocating for More Opportunity

Diana Mairose explained to Ohio Senator Sherrod Brown how the DD Act funds the Partners program, a program that provides people with disabilities information and skills to become public policy advocates. Mairose wants to ensure that this program continues for people with disabilities. "You are making decisions about our lives without asking us or even helping us to learn how to work with you," said Mairose. "That is why more and more people with disabilities must learn these skills. Let people with developmental disabilities have the supports and training they need to have a say in their future."

Speaking with Ohio Representative Steve Chabot, Linda Kunick advocated for more homeownership opportunities for people with disabilities. "People with disabilities want and can own a home of their own," said Kunick. Kunick described her journey to homeownership, and asked Chabot to support the National Affordable Housing Trust Fund Act which funds accessible housing for people with disabilities.

Networking in the Nation's Capital

The Disability Policy Seminar provided opportunities to meet and network with peers and colleagues in the advocacy community. Michelle Self, a parent of a child with a disability, met other advocates from Ohio who share a common interest — the same disability as her son. "By the time we parted, we were discussing how we could help one another," said Self.

Dana Lee used networking opportunities to speak with legislators and people at the seminar about how advocacy information is not reaching African-Americans and Hispanic-Americans. Lee relates her advocacy experience to a movie that greatly influenced her as a child, Mr. Smith Goes to Washington. The movie, set among the country's most powerful policymakers, emphasizes the difference one individual can make. Lee says that after seeing the movie, she always hoped she could make a difference, too.

Advocacy Results

Shortly after speaking with Senator Sherrod Brown, John Conyers received a letter from Brown thanking him for telling his story. Conyers asked Brown to support federal legislation to increase wages for direct support professionals. Conyers talked about the impact of direct support staff on his life. "How would you like to have a key member of your life change every three months? As soon as I find a good staff member to help me, they are gone. They cannot work under the conditions of low wages and I cannot and do not want to live under the conditions of having people I care about come in and out of my life," said Conyers.

Senator Brown, in his letter to Conyers, assured him that he would support the federal legislation. "I will work with Congress to help pass HB 1279," wrote the Senator.

The trip was successful as the voices of these advocates were heard in Washington D.C. Graduates of the Partners program did, indeed, make a difference by informing and educating their legislators about issues that are important to them as individuals and to the general disability community.

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Ohio Disability Vote Coalition Plans Presidential Forum

The Ohio Disability Vote Coalition (ODVC) will hold a Presidential Forum in Columbus this summer, to celebrate the anniversary of the Americans with Disabilities Act.

The non-partisan event, which will focus strictly on disability policy, will be the only one of its kind in the country, according to Sue Hetrick, ODVC co-chair, and director of advocacy at The Ability Center of Greater Toledo. "This unique opportunity lets voters with disabilities learn first-hand from the candidates themselves what their positions are on disability issues and national policy that affect so many today," said Hetrick. "We are expecting 1,000 people, hopefully most coming from Ohio but likely from other states as well. This is not an Ohio event but rather one with national significance and interest," added Hetrick.

Other partners include the National Council on Independent Living, The Arc of the United States, United Cerebral Palsy, Self Advocates Becoming Empowered, Association of University Centers on Disabilities, Disability Rights, Education and Defense Fund, ADAPT, National Coalition of Mental Health, National Spinal Cord Injury Association, and VSA Arts., Inc.

The event is Saturday, July 26, 2008, from 12:30 p.m. to 3:30 p.m. at Veterans Memorial in Columbus, Ohio. Admission is free; however, registration is required. For information, contact Sue Hetrick by email at shetrick@abilitycenter.org .

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Expanding Early Intervention Outreach in Southwest Ohio

By Tom Gannon, Coordinator, Outreach and Community Education Department, University Center of Excellence in Developmental Disabilities (UCEDD), Division of Developmental and Behavioral Pediatrics, Cincinnati Children's Hospital Medical Center

The window of time between a child's birth and third birthday is an opportunity for learning and development; a time with more potential than any other in the child's life. This is especially true for children who are at risk of having a developmental delay or who already have an identified disability. Intervention can't start soon enough for these children. The challenge is helping families and providers (i.e., child care workers, preschool staff, home visitors) recognize signs of developmental delay or disability at the earliest possible time.

The University of Cincinnati UCEDD, with the financial support of the United Way of Greater Cincinnati, developed an approach to identify children at risk which is both innovative and accessible. The approach involves training early childhood professionals and making educational materials available to parents.

Training

Training is provided to early childhood professionals, especially home visitors and child care providers, to recognize developmental red flags that alert to early signs that a child may have a developmental delay or disability. Pediatricians, speech pathologists, psychologists, and other professionals conduct the training at inner-city community locations. More than 250 people have received training. Future training topics will be offered, such as referral strategies and community resources.

Parent Awareness Materials

Parent-friendly materials were created to explain both normal development and signs of developmental delay or disability. These materials are available in neighborhood public libraries. Children's librarians are trained to answer parents' questions about the materials. Also, more than 350 books and videos are available at the Main Public Library in Cincinnati and other central city neighborhood libraries. This was made possible through the assistance of the UCEDD's Jack Rubinstein Library. More libraries will receive collections of materials in the future.

Web-Based Resource Center

A web-based Electronic Resource Center will be available late this summer. The Resource Center will be user-friendly to persons with varying reading levels, and different physical and mental abilities. Parents will have access to educational materials, such as general strategies on parenting a child with developmental and behavioral problems. The site will provide links to other websites with accurate and useful information for families, local advocacy efforts and ways to get involved, and news and events. If parents need more information, they can contact Division of Developmental and Behavioral Pediatrics project staff directly from the website.

For More Information

To learn more about the project, contact Tom Gannon, Outreach Community Education Coordinator, at 513-636-4446 or tom.gannon@cchmc.org .

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Transition to the Community Made Easier for Youth

By Paula Rabidoux, Ph.D., Nisonger Center, UCEDD

The Young Adult Transition Corps (YATC) is an AmeriCorps program of the Nisonger Center at The Ohio State University. The program is designed to serve young adults with disabilities who are transitioning from school to adult life. AmeriCorps is a program of the Corporation for National and Community Service, an independent federal agency created to connect Americans of all ages and backgrounds with opportunities to give back to their communities and their nation. AmeriCorps members are volunteers who commit a year of service to their community for a modest living stipend.

Nisonger became involved in the program as an extension of its relationship with the Ohio Community Service Council. "We have been doing disability inclusion training and technical assistance for the other Ohio AmeriCorps programs for the past four years and this seemed like a natural extension," said Thomas Fish of the Nisonger Center UCEDD. "There is a huge need for coordinated transition related services. YATC members have been able to link young adults with disabilities to a range of activities that promote community service, community access, and social skill development," added Fish.

The YATC program also reflects the value Nisonger puts on volunteerism. "Volunteering brings Nisonger into communities and offers students and young adults with disabilities opportunities to develop leadership skills through service. Each volunteer brings his or her unique perspective, connection, and resources to an activity," said Jillian Ober, YATC Program Manager.

YATC members engage young adults with disabilities in a variety of educational and community-based programs in Franklin County. All activities promote skills recognized as critical for a successful transition. Participants (ages 16 - 24) usually enroll first in the "What's Next" program. The program provides young adults and their families' information on issues critical to a successful transition, including housing options, guardianship, responsibility, and independence. After completing the "What's Next" program, participants choose to become active in other YATC programs. Programs include the Next Chapter Book Club, Friendship Connection, and Community Connection. See the YATC website for a complete list of the programs.

Nisonger's YATC program is in its first year. For the young adults with disabilities involved in the program, "the biggest impact hopefully will be improved transition outcomes — more involved in their communities, knowing how to make and keep friendships, increased independence, and overall improved quality of life," said Fish.

For more information about the YATC program, contact Jillian Ober at 614-247-6392 or visit the YATC website at www.yatcohio.org .

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8th Annual Ohio Adult Sibling Conference

The Ohio Adult Sibling Conference is an opportunity for adult siblings of people with developmental disabilities to hear from professionals, educators, and other siblings about information, ideas, and family experiences. The conference will be held November 7 - 8, 2008 at the Marriott Airport Hotel in Columbus, Ohio. For information and to register, go to www.ohiosibs.com , or contact Tom Fish by email at fish.1@osu.edu or call (614) 292-7550.

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ODDC Grantee Provides Accessible Housing

By Mike Corbett, Executive Director, Delaware Creative Housing and Creative Living Systems

The Blue Print for Accessible Housing Regional Training Project, an ODDC grantee, is charged with creating 15 accessible homes throughout Ohio. The Training Project brings together county boards of Mental Retardation and Development Disabilities, non-profit housing boards, and students from building trades or construction programs at high school career centers. They develop floor plans to construct affordable, accessible houses and provide on-going coordination and support to the organizations that partner to build the homes.

Building for the Individual's Needs

Learning about the needs of the person with a disability is an important part of the Training Project. For example, one of the homes was built for Clarence, a teenager with a disability, and his family. "Clarence really enjoyed meeting the high school students from the career center who built the home," noted the project grantee, Mike Corbett. "The student builders learned a lot about disabilities — that not everyone has the same needs. The students and instructors from the career center had the blueprints we gave them to build the house. But after meeting Clarence and understanding his needs — beyond just building a place to live — they created a home for Clarence that addressed his specific requirements," said Corbett.

The ranch home that Clarence lives in includes several universal design features - wider doorways, zero step entry, first-floor bathroom, roll in shower, lower light switches, elevated outlets, accessible appliances, lever door handles, and extra storage space for medical supplies. The house also meets Clarence's unique safety needs. Specially made drywall won't break should Clarence fall against it, and neither will the hurricane proof glass used for windows in the house.

Clarence's older siblings who use wheelchairs and live in their own homes visit him now. They are able to easily enter and navigate through the house. The family looks forward to next Thanksgiving dinner together, all in one home, for the first time.

Long-lasting Effects

Commenting on the impact of the grant, Corbett noted that by building accessible homes, the grant project helps people with disabilities stay in their own homes and communities. The homes are "designed for people with accessibility issues who might otherwise end up in facilities like a nursing home," remarked Corbett.

He also feels that the partners will work together long after the grant period ends, and that the collaboration will teach those involved about the importance of universal design when building homes, especially for the students - the future homebuilders in the community.

For More Information

Contact Jeremy Fetty, grant coordinator, at (740) 368-5803 ext. 4 to learn more about the Blue Print for Accessible Housing Regional Training Project and to see how your county can access its services.

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You Still Have Time to File for Your 2007 Stimulus Payment

Beginning in May, the Internal Revenue Service (IRS) will send economic stimulus payments to more than 130 million households across America. Don't let a little paperwork stand between you and your stimulus payment!

To receive this payment, you must have at least $3,000 in income and file a 2007 federal tax return. The $3,000 income can be from any combination of earned income, Social Security retirement or disability benefits, or certain veterans' or railroad retirement benefits. Supplemental Security Income (SSI) does not count as qualifying income.

You must also file a tax return. Even though the deadline for filing taxes (April 15) has passed, you still have until October 15, 2008 to file to establish your eligibility for the stimulus payment. Outlined below are guidelines for filing to receive your payment:

Eligible individuals will receive between $300 and $600; or between $600 and $1,200 for those who file a joint return. Those eligible with children will receive an additional $300 for each qualifying child. The amount of your payment depends on the information reported on your tax return.

An IRS booklet (see www.irs.gov/pub/irs-utl/package_1040a-3.pdf) provides information specifically for Social Security, veterans, and other beneficiaries about how to file for the stimulus payment. You can also call the IRS hotline at (866) 234-2942 or the Volunteer Income Tax Assistance program at (800) 906-9887 for information and assistance.

Note: The IRS warns of email and telephone scams asking people to provide personal and financial information in order to process your payment. The scammers use this information to commit identity theft. For more information, see www.irs.gov/newsroom/article/0,,id=178061,00.html .

File for Your Payment Using the Ohio Benefit Bank

The Ohio Benefit Bank offers a free online tax program for Ohioans who are only filing a return for their economic stimulus payment. Several conditions must be met to be eligible to use this service. For more information, visit the Benefit Bank Self-Serve website at https://selfserve.thebenefitbank.com .

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Playgrounds for All Kids

Playgrounds provide a place to interact — physically, emotionally, and socially — with peers. They are a community environment for imaginative and cooperative play. Families and advocates of children with disabilities realize the value of including all children in community activities, such as play, and are working to make playgrounds accessible to all.

A Playground Inspired by Children

Amy Jaffe Barzach had a vision to create an accessible playground where children of all abilities can play together. One afternoon, while at a playground with her children, Barzach noticed a young girl sitting in a wheelchair, tearfully watching from the sidewalk as other children played on the equipment. Months later she remembered that day while she and her husband were deciding on a project to do in memory of their son who had died at nine months of spinal muscular atrophy. She felt that if her son had grown up, he would have used a wheelchair and been that child alone on the sidewalk sadly waiting to play. They decided to create a playground where children and people of all ages and all abilities could celebrate life together.

Donations and volunteers helped build the accessible playground in the Connecticut town where Bazrach lives. Interest in the playground grew, and Bazrach began getting requests for help from individuals, organizations, schools, and nonprofit organizations wanting to build accessible playgrounds in their communities. Bazrach and her husband formed a company, Boundless PlaygroundsTM, to respond to the requests. That was in 1997, and since then, other companies have joined Boundless PlaygroundsTM in designing and building accessible playgrounds, and creating equipment and features that are fun for all kids.

Accessible Playgrounds in Ohio

Many different features help make a playground accessible. A resilient smooth ground covering, instead of wood bark chips, allows a child who uses a wheelchair to easily access the play area. A raised sandbox or a ramp leading up to a piece of equipment enables a child with limited mobility to play there. Other creative options exist, and in Ohio, communities can look to three towns for examples.

Beachwood, in northeast Ohio, is home to a playground called Preston's H.O.P.E. (www.prestonshope.com). This playground incorporates custom-designed elements to accommodate youngsters with various types of disabilities. Sounds, such as a train whistle or flowing water, help a child who is blind or visually impaired navigate the play area. Transfer decks make it possible for children in wheelchairs to get onto slides.

The Every Kids Playground in Liberty Township (www.libertytwp.org), north of Columbus, features a quarter acre wheelchair accessible playground with ramps leading up to play areas.

South of Columbus, at Grove City's Fryer Park, playground designers used vibrant colors, a music garden, plaques written in Braille, rocking equipment, angled banks to lie on, and small private spaces, to create a multi-sensory experience that appeals to children of varying abilities (www.grovecityohio.gov/cityDepartments/parksRec/facilities.cfm).

Planning for an Accessible Playground

With planning, creative approaches to funding, and commitment, communities can build an accessible playground, or alter an already existing one, and give all children the playground experience. To start, a community can ask individuals and their families what they need to make the playground accessible to them. The Americans with Disabilities Act (ADA) Accessibility Guidelines for Play Areas can also provide guidance for newly constructed and altered play facilities. Community collaboration among people and groups with a strong commitment to serving children and families can help communities plan and explore funding sources (such as local businesses and service organizations, and grants from federal and local government and nonprofit foundations). Finally, volunteers can facilitate planning and construction, and reduce costs.

For information about planning, funding, and creating an accessible playground go to:

Federal Laws Support Recreation in Integrated Settings

Individuals with developmental disabilities need to have access to and use of recreational opportunities, like playgrounds, in the most integrated settings to enrich their participation in community life. The Disabilities Assistance and Bill of Rights Act of 2000 (DD Act) requires that recipients of federal funds under the DD Act follow this principle, and Titles II and III of the Americans with Disabilities Act require that newly constructed and altered state and local government recreation facilities be readily accessible to and usable by individuals with disabilities.

The ADA Accessibility Guidelines for Play Areas provides guidance for newly constructed and altered play facilities, for example, by requiring smooth surface areas, ramps and transfer stations. However, the guidelines do not address the needs of children with sensory, learning or developmental disabilities. These guidelines, answers to frequently asked questions, and an online training on playground accessibility are found at www.access-board.gov/play/ .

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Law Permits Parents to Nominate Guardians

Parents will be able to nominate, in their will, a person to be the guardian of their adult child with intellectual disabilities as a result of Senate Bill 157, which was recently passed by the Ohio General Assembly.

This law, which goes into effect in May 2008, alleviates the concerns of parents who are apprehensive about who, when they die, will protect their adult son or daughter's interests. These parents want to ensure that a stranger will not serve as their child's guardian.

Samuel A. Peppers III, the Ohio State Bar Association's technical expert on the bill, in his support for the legislation said, "... the need for statutory authority for parents to designate a guardian for an adult incompetent child is great. The enactment of this new statute and the changes to the two current statutes will provide peace of mind to parents in this situation."

Law Protects Individual Rights

Provisions in the law protect the adult's interest in avoiding unnecessary guardianship. Before the parents' nominee may be appointed as guardian, certain procedures must be followed:

These procedural requirements were included in the bill following a recommendation by the Probate Judges Association and the Ohio Legal Rights Service. Senate Bill 157 was signed into law in February, and becomes effective in May 2008.

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Shari Cooper Crowned Ms. Wheelchair Ohio

Shari Cooper, of Dayton Ohio, is the 2008 Ms. Wheelchair Ohio. Cooper, 35, is an ODDC member and Council Secretary.

The Ms. Wheelchair Ohio Pageant is a part of the Ms. Wheelchair America program, which provides an opportunity for women of achievement who use a wheelchair to educate and advocate for the more than 52 million Americans living with disabilities.

The Ms. Wheelchair pageant recognizes the accomplishments of women who utilize wheelchairs for mobility. Ohio's pageant recognized Cooper who is a recipient of the Disability Hall of Fame Award; Goodwill Industries Achiever of the Year; and holds an Associate of Applied Science degree in Disabilities Intervention Services. Cooper also serves on the Consumer Advisory Commission Service, and the Board of Dayton Advocates.

As Ms. Wheelchair Ohio, Cooper will travel throughout Ohio during her one year reign, and will represent the state in the 2008 Ms. Wheelchair America pageant hosted in Rockville, Maryland in July. Cooper follows 2007 Ms. Wheelchair Ohio Janni (Jan) Mitchell, an advocate on the Ohio Governor's Council for People with Disabilities.

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OLRS Files Briefs in Cases Brought by Parents for Violations of Children's Rights

OLRS filed briefs as amicus curiae (friend of the court) in two cases brought by parents against school districts seeking legal redress for violations of their children's rights.

OLRS Urges Court to Consider Responsibility of School District

In Doe v. Marlington Local School District, OLRS filed an amicus brief in the Ohio Supreme Court urging that a law suit against a school district for injuries to a child with a disability be allowed to go forward. A lower court found that the school district was immune from suit under state law.

OLRS attorney Harry B. Keith argued that Ohio has a strong public policy reflected in numerous statutory provisions to prevent abuse and neglect of people with disabilities and children, and urged the Court to consider "the responsibilities of school districts to ensure that children with disabilities are kept free from harm while in school, as well as while going to and from school. These issues affect children with disabilities throughout Ohio."

OLRS Asks Court to Interpret School District Attorneys' Fees Provisions Narrowly

Attorney Kevin Truitt, on behalf of OLRS, filed an amicus brief in a case involving a school district suing the family's special education attorney for attorney fees.

In the case of Amherst Exempted Village School District Board of Education v. Calabrese, et al., the school district filed a motion for summary judgment on February 18, 2008. OLRS filed an amicus curiae brief on March 12, 2008, asking for a narrow interpretation of the Individuals with Disabilities Education Act (IDEA) provisions that permit a school district to seek an award of attorney fees from a family or its attorney.

Attorneys' fees are generally awarded to parents who succeed in an action under the Individuals with Disabilities Education Improvement Act (IDEA), but in 2004 Congress added additional provisions which would permit an award of attorneys' fees to school districts which succeed and where the parents' claim was frivolous or brought for an improper purpose. A narrow ruling from the Court would be consistent with congressional intent and clear public policy.

Congress made it clear in enacting these new provisions that attorneys' fees should be awarded against parents and their attorneys rarely and only in the most extreme cases. Furthermore, OLRS argued that any expansive interpretation of the attorneys' fees provision would harm families, who already experience great difficulty in locating available and affordable counsel to pursue claims under the IDEA.

More information about these cases is available on the OLRS website at www.olrs.ohio.gov .

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ODDC's 2008 Annual Event

This year, ODDC's annual public awareness event will focus on health care. Geared for people with disabilities, their families and health care professionals, conference topics include physical therapy, occupational therapy, nutrition, dental services, and other health care issues. The event will be held October 30, 2008 at the Doubletree Hotel, Worthington, Ohio. For more information, contact Pam Carter by email at pam.carter@dmr.state.oh.us

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Sign-up to receive e-mail notification of future editions of the DD Quarterly

If you would like to receive e-mail notification when the DD Quarterly is published, contact:

Ohio Developmental Disabilities Council
Attn: Pam Carter
8 E. Long Street, Suite 1200
Columbus, Ohio 43215
Voice: 614-466-5205 or 800-766-7426
TTY: 614-644-5530
Fax: 614-466-0298
E-mail: pam.carter@dmr.state.oh.us

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Tell us your comments and suggestions for the newsletter

DD Quarterly is produced by the Ohio Legal Rights Service. To share your comments or suggestions about the newsletter, contact:

Ohio Legal Rights Service
Attn: Tom Hemmert
50 W. Broad Street, Suite 1400
Columbus, Ohio 43215
Voice: 614-466-7264 or 800-282-9181
TTY: 614-728-2553 or 800-858-3542
Fax: 614-644-1888
E-mail: Newsletter@olrs.state.oh.us

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About ODDC

The Ohio Developmental Disabilities Council is a group of 35 people, appointed by the governor, who plan and advocate for Ohioans with disabilities. ODDC receives federal funds and distributes those funds by awarding grants for projects and activities that create visions, influence public policy, pilot new approaches, empower individuals and families, and advocate system change. Contact information for ODDC is: 8 East Long Street, Suite 1200 Columbus, Ohio 43215, Voice phone: (614) 466-5205 (800) 766-7426 (Toll free in Ohio); TTY: (614) 644-5530; Fax: (614) 466-0298; Web site: www.ddc.ohio.gov

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DD Quarterly Collaboration

The DD Quarterly newsletter is an ongoing collaboration among the Ohio Developmental Disabilities Council, Ohio Legal Rights Service, the Nisonger Center and the University of Cincinnati, University Center of Excellence in Developmental Disabilities.

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