DD Quarterly - Ohio Developmental DisABILITIES Council

Quarterly
FALL 2004 Circulation 21,261
Publication of the Ohio Developmental Disabilities Council bringing
disability issues and accomplishments to the attention of Ohioans.
“Hey! Your Tire Is Going Flat!”
Major incremental gains won
in decades of struggling to establish
values for people with disabilities
and their families appear
to be eroding seriously in the
current political and economic
maelstrom. People with disabilities,
their families, and their professional
allies sometimes had to
“take to the streets” in the 1970s,
80s, and 90s to fight hard for
advances toward full community
inclusion and needed supports
and services. Now, the benefits of
more than 30 years of serious
activism are at risk.
The state budget process is
starting. Budgets at all levels have
already endured major cuts.
The budget process promises
to be contentious and threatening
to services and supports for
people with disabilities, so their
voices and the voices of their
allies need to be as clear and resolute
and united as they have
ever been. We are witnessing an
insidious weakening of the hardfought-for
gains as people with
disabilities and their families find
themselves snared in one of the
most negative and controversial
political and economic climates
ever experienced. Once again,
those who will suffer ultimately
are those who are most vulnerable
in our culture.
A tiny, slow leak in a tire is
imperceptible over a short period
of time. It is not until someone
eventually points out, “Hey!
Your tire is going flat!”
that we take
note of the
problem and
fix it before it
blows out and
puts us in real
danger on a
highway.
Value system endangered
Leaks in our value system for
and about people with disabilities
are growing. This value system
holds people with disabilities
in high regard and provides
them an entitlement to supports
they need to live quality lives in
the community. The danger
should be evident. We must able
to explain to legislators why disability
funding is crucial, and
why more cuts would be disastrous.
Yet we have stakeholder
divisiveness and questions of
credibility among our ranks.
These problems tax the small
powers that people with disabilities
and their advocates have to
influence the budget process and
policymakers.
Continued budget cuts have
been the order of the day, and
nothing seems safe…particularly
human services and funding
sources established over the past
decades to support people with
disabilities to remain in and
return to their communities. The
value of community inclusion
swept this nation, and other
countries, during the
70s, 80s, and 90s,
through the efforts
of community integration
advocates,
service systems
and legislatures
who were influenced
to make
changes reflecting community
living ideals.
As federal changes took place
to support deinstitutionalization,
early childhood education and
integrated education programs,
state and local changes followed
suit. These changes did not just
happen naturally. Many people
literally had to “take to the
streets” to demand progress from
an often-resistant service system
and state and federal legislatures.
ODDC Mission
continued on page 2
It is the mission of the Ohio
Developmental Disabilities
Council to create change
that improves independence,
productivity and inclusion
for people with developmental
disabilities and their
families in community life.

Flat Tire (continued)
Creative financing and
Medicaid essential
Creative financing in Ohio
through the mixing of local,
state, and federal dollars went a
long way to increase services and
support options to make community
living dreams of thousands
of people with disabilities a reality.
Medicaid funding has been
an essential part of making living
in the community possible for
those who otherwise would have
been warehoused or worse.
And now those with disabilities
face a complicated and
tenuous “redesign” of Medicaid
which has caused excessive turfbattling
between stakeholders,
intensifying the controversy in
the budget process. Ohio’s governor
now calls Medicaid “The
Monster in the Middle of the
Road.” The federal Center for
Medicare and Medicaid Services
(CMS) remains highly suspect of
Ohio’s separate county MR/DD
service delivery system, demanding
amendments that have put
on-hold the Residential Facility
Waiver conversion to Individual
Option Waivers.
Ohio lacks federal
compliance
Ohio operates the Community
Alternative Funding System
under a federally approved state
plan, which is implemented
through the promulgation of
rules. CMS must approve all
rules and amendments to the
state plan, and CMS has found
the state’s reimbursement rules
are not federally compliant for
a variety of reasons; including
reimbursement methods,
changes to original amendment,
free choice of provider and prior
authorization of services, lack of
“statewideness,” and the requirement
of county board of MR/DD
contracts. As the “sides”
entrench, and the confusion
heightens, the “leaks” in our
hard fought-for values and community
living mission become
more numerous and serious.
Penny tax threatened
The temporary “penny-tax”
that has been keeping the
budget for people with disabilities
from sinking altogether is
seriously threatened by those
who have something to gain
politically by embracing such a
“tax cut.” This small tax has been
the only reliable source of funding.
It would generate a muchneeded
$1.3 billion through the
end of the 2005 fiscal year. But
some legislators and state officials
are calling for its demise.
Another leak in the tire.
Choice hampered by
funding
The Martin v. Taft consent
order continues to be under
attack from those who have misinterpreted
the settlement as taking
away the choice of people
wishing to remain in Intermediate
Care Facilities (ICFs/MR). In
fact, never before have residents
of ICFs/MR and their families
had the option to stay or to leave
these settings with money that
will follow them where they
choose to go. But the divisiveness
within our own ranks over this
issue furthers the confusion for
legislators and others responsible
for deciding funding levels. So
the leaks increase.
Scandals make us look
irresponsible
Recent funding scandals at
the Ohio Association of County
Board of MR/DD have only compounded
suspicions of lawmakers
and taxpayers, depleting the
credibility of those who speak on
behalf of people with disabilities
and their families about needed
funding. Serious questions of
accountability make it even
more difficult for those responsible
for delivery of services and
administrative entities to argue
that they are good stewards of
public monies.
Stay informed and stay
united!
What started as a tiny leak
in our 30 years of accomplishments
has become a potential
blow-out. The question: How do
we respond to this real and serious
threat to all that has been
gained The answer: The same
thing we’ve always needed, and
that is to understand the facts,
and mobilize in a united front!
All who sincerely care about
needs of people with disabilities
and their families must become
informed about issues currently
threatening their futures. People
with disabilities and their allies
need to be able to answer questions
of lawmakers and policymakers
in articulate and confident
ways. Perhaps they need to
take to the streets again, in large
enough numbers to be taken
seriously. Their voice must be
unified and loud.
Current divisions and turf
protection battles between state
agencies, advocacy groups, and
people with disabilities themselves
must give way to the
common good. As long as stakeholders
continue to huddle in
their own self-interested corners,
the gains made over the past
decades through the sweat, tears,
and blood of unified parents,
self-advocates and professional
allies will be lost. The people we
care about, some of Ohio’s most
vulnerable citizens, are at serious
risk of retreating into a darkness
that most thought would never
materialize again.
2 DD Quarterly ~ FALL 2004

OASP begins
statewide
relocations in
October
The Ohio Access Success
Project (OASP) has been
developed by the Ohio
Department of Job and
Family Services (ODJFS)
to facilitate the move to
a community setting of
up to 200 Medicaideligible
nursing home
residents. ODJFS has
contracted with Easter
Seals of Central and
Southeast Ohio to
design and implement
the program.
The Success
Project provides
qualified nursing
home residents
with assistance in
making plans to
relocate from a nursing
home to a community-based
setting; assistance with accessing
needed community supports and
services, such as housing, transportation,
financial assistance
programs and supportive services;
and one time funding of up
to $2000 to assist with relocation
expenses. These expenses may
include, but are not limited to,
rental deposits, utility deposits,
home modifications and household
goods.
After almost a year of planning,
the project began in
May 2004 in Franklin, Fayette,
Delaware and Pickaway counties.
Nearly 20 referrals have been
received and, to date, four nursing
home residents have moved
back into the community. These
people were linked to needed
community services and supports
and also will receive follow-up
from the Success Project relocation
team on a regular basis.
OASP will go statewide in
late-October. Four relocation
teams will be available to take
referrals and work
with nursing
home residents
wanting
to relocate.
Relocation
teams will soon
be working in
northeast Ohio,
northwest Ohio,
southwest Ohio
and continue in
central and southeast
Ohio.
The project is
serving adults of all
ages and disabilities.
A 30-year old
woman who had
been in a nursing
home for more than
two years was able to
move into her own
apartment and is looking
forward to working part-time.
Another nursing home resident
who is 88 years old and has been
in a nursing home for three years
is working with the team and
will relocate to the community
when accessible, affordable housing
can be found.
To be eligible for the Success
Project, an individual must
have lived in a nursing home
for at least 18 months, be Medicaid
eligible and the estimated
cost of home and communitybased
Medicaid services must
be no more than 80% of the
cost of Medicaid services in the
nursing home.
For more information, contact: Laurie
Damon, Project Manager at ODJFS,
(614) 466-6742. To make a referral to
the project, contact : Jeanette Kruty,
Relocation Team Leader at Easter Seals,
(614) 228-5523.
Improving the lives of Ohioans
with disabilities
The Ohio Developmental
Disabilities Council is a planning
and advocacy group of 35 members
appointed by the governor.
ODDC receives and disseminates
federal funds to create visions,
influence public policy, pilot new
approaches, empower individuals
and families, and advocate
system change.
8 East Long St., Ste. 1200
Columbus, OH 43215
Toll free (800) 766-7426
Voice (614) 466-5205
TTY (614) 644-5530
Fax (614) 466-0298
www.ddc.ohio.gov
It is the policy of the Ohio
Developmental Disabilities
Council and the AXIS Center to
use person-first language in stories
written by staff. Articles
reprinted or quoted exactly as
they originally appeared or were
presented from sources other than
staff may not reflect this policy.
For a free copy of the guide,
“Person-First Language,” contact
AXIS at one of the numbers listed
on back cover.
DD Quarterly ~ FALL 2004
3

Abuse and violence: A serious issue, largely ignored
Planning Associates in 1996.
In a 1992 survey by the Center
for Research on Women with
Disabilities, 62% of women with
physical disabilities had experienced
abuse at some time during
their life, and 13% had experienced
physical or sexual abuse
during the year prior to the survey.
Women with disabilities
reported being abused by spouses,
A one-day conference at Embassy Suites in Dublin drew more than
90 people from across Ohio to learn about and share concerns for
the issue of violence and abuse of people with disabilities.
Many people with disabilities
depend on others for access to
food, medication, finances, personal
care, or adaptive equipment
for their independence and survival.
Sometimes family members,
caregivers or personal assistants
use power and control negatively
and withhold these needs.
Sometimes they act violently. The
result can cause devastating emotional
or medical consequences
or even death.
Conference brings
awareness to two
audiences
On August 16, the AXIS
Center for Public Awareness and
Ohio’s Domestic Violence and
Disability Task Force (DVDTF)
sponsored a statewide conference
on domestic violence and abuse
of people with disabilities.
Believed to be the first conference
of its kind in Ohio, organizers
invited both people with disabilities
and professionals. Several survivors
shared their stories, and
leading professionals guided
them and representatives from
many agencies toward awareness
and information-sharing.
Domestic violence
and abuse
of people with
disabilities gets
little attention
from most service
providers and policy
makers. Many
deny there is a
problem, wondering
who would ever do anything
so cruel. And although most
research on the subject has been
with women with disabilities,
men also are vulnerable.
“When you close the door
to your house, you should be
able to feel safe and in control,”
said Terri Pease, Ph.D., nationally
recognized consultant on topics
of abuse and disability. “And you
should not have to trade your
rights—guaranteed under the
Constitution—for services,”
she added.
Violence and abuse listed
as number one issue
Women with disabilities rated
caregiver abuse and domestic violence
the number one issue on
both rounds of a national Delphi
survey conducted by Berkeley
AXIS Director Sue Willis (right) introduced speakers Terri
Pease, Ph.D. (left), Chicago, and Peg Calvey, Cleveland.
live-in partners, other family
members, people they were dating,
health care professionals,
and personal attendants.
Victims fear losing
independence
Often, people with disabilities
fear reporting a problem because
they rely on the person abusing
them for personal assistance or
financial support. They fear losing
their independence if they
can’t find a replacement for the
abusive care provider.
And, as women’s studies have
shown, women who seek help
from a domestic violence shelter
often encounter barriers that people
without disabilities do not.
Often the facility is not accessible,
they may not have trans-
4 DD Quarterly ~ FALL 2004

portation to get to the shelter,
interpreters may not be available,
and sometimes they have trouble
obtaining a personal assistant
while they are in the shelter.
They may lose assistive devices
and medications because they
leave home quickly in a crisis.
Issue takes many forms
Abuse and violence toward
people with disabilities can take
many forms. Here are some
examples:
• A woman lives in a group
home. She is raped and spends
each day terrified because she has
to live next door to the perpetrator.
She is told that’s the way it is,
“because he’s a consumer, too.”
• A man with quadriplegia
uses a stamp for his signature
because he cannot write his
name. A personal care assistant
cashes and uses the man’s Social
Security Disability Income check
using the stamp.
• A man’s assistant gives him
aspirin to replace his prescribed
medication that she has stolen.
• A woman who is non-verbal
and has other disabilities lies in
bed all day waiting on her attendant
to show up.
• A spouse uses threat or
intimidation to get what she
wants, reminding the person
with the disability, “I can beat
you like I did before.”
• A husband
refuses to make a
bathroom accessible
and takes away his
wife’s wheelchair
when he leaves the
house so that she
Dr. Terri Pease told
the audience that
women tend to be
abused more than
men, and they are more likely to be
injured. Young people are more likely
to be abused than older people, and
poor people more often than uppermiddle-class
or well-to-do.
can’t go anywhere.
• A woman’s spouse hits her
and says later, “I’m sorry you
made me so mad.” [Translation:
It’s your fault I got angry.]
• A man’s personal assistant
often doesn’t show up. The personal
assistant reports to his
agency that the client is a chronic
complainer and the home is
unsafe. The agency is reluctant to
assign a new assistant quickly.
• A young woman in a nursing
home is afraid of the staff that
care for her. They take away her
snacks and tell her she cannot
leave her room.
• The only way a woman
can see her children is to remain
with her abusive husband. She
is blind. Eventually, when the
situation escalates to extreme
danger, she leaves her
husband and family
because she finally has
a job and doesn’t have to
rely on him for income.
However, her children
feel she’s abandoned
them.
• A child who is deaf
is part of a family of
people who hear.
Communication is difficult.
The boy’s parents hit him to
show him when he misbehaves
or to get his attention.
Obvious need for
solutions
The large turnout for “A
Meeting of Minds,” the title of
the conference, and requests for
additional resources point out
the need for continued work on
these issues.
The AXIS Center, a project of
the Ohio DD Council, and
DVDTF invited guests of the conference
to join in planning and
implementing activity that will
spread the word, increase networking,
and develop resources
to help eliminate this significant
problem of abuse and violence of
people with disabilities.
For more information about
how you can get involved in this
statewide effort, contact: Louise
Fisher, (614) 876-7090,
lfowdn@columbus.rr.com
A panel of six people with different types of disabilities presented their personal stories and experiences of being survivors.
Panelists pictured above are: Dan Loyer of the CHOICES Project; Barbara Corner, attorney with Ohio Legal Rights Service;
Cheryl Prusinski, Ohio School for the Deaf; and Louise Fisher, Ohio Women with Disabilities Network.
DD Quarterly ~ FALL 2004
5

New ADA and
ABA access
standards in
the making
Standards for accessibility
used to enforce the Americans
with Disabilities Act (ADA) of
1990 and the Architectural
Barriers Act (ABA) of 1968 are
adopted by the U.S. Department
of Justice (DOJ). The DOJ is now
accepting comments on the most
recent proposed changes—158 of
them—made by the U.S. Access
Board. The Access Board creates
the guidelines for DOJ to address
and make into standards.
Current accessibility standards
remain in effect until the DOJ
finalizes the new standards.
New guidelines give
consistency, reflect
coordination
The ABA requires access to
facilities designed, built, altered,
or leased with federal funds.
Under the new guidelines, the
ABA and ADA requirements will
be more consistent with each
other. It also will be easier to
review differences, according to
which standard is used. The
Access Board says the guideline
revisions also were made, in part,
to keep pace with technological
innovations.
“These guidelines are our
guarantee that when a building
is built or renovated anywhere
in the nation, its doors are wide
open to our citizens with disabilities,”
said Jan Tuck, vice chair of
the board.
The new guidelines end a
decade-long comprehensive
review of the board’s ADA
Accessibility Guidelines, first
published in 1991. During the
review, the board coordinated
extensively with organizations
providing industry standards,
such as those through the
American National Standards
Institute, and model building
codes, such as the International
Building Code. The thinking was
that the coordination will pay off
with better compliance.
The board’s guidelines are a
baseline for DOJ to use in creating
its standards. DOJ’s standards
must be consistent with the
board’s guidelines.
The board received some
2,500 individual comments
about the guidelines. If you
provided comments on the proposed
guidelines to the Access
Board, you can still give comments
to the DOJ about the
same topic, especially if you
think the guidelines don’t reflect
your views.
Perhaps some
controversy
Two of what may prove to be
the most controversial of the
new guidelines are:
• A reduction of wheelchair
seating positions in auditoriums
and other public assembly areas,
and
• A lessening of required
physical accessibility in jails and
penal institutions.
To read the board’s new
guidelines, visit: http://www.
access-board.gov/ada-aba.htm.
What the DOJ wants
In its request for comments
(called an ANPR, or advance
notice of proposed rulemaking),
the DOJ:
• Asks for input about various
application issues, such as how
much lead time the DOJ should
provide before the updated standards
take effect.
• Discusses issues about existing
facilities that are subject to
DOJ regulations but not thoroughly
addressed in the board’s
guidelines.
• Discusses specific issues
about certain types of facilities
and equipment, miscellaneous
matters, such as the DOJ process
for certifying state and local
codes under the ADA, and information
for its use in developing
a regulatory impact analysis.
About the Access Board
The Department of Justice is asking for comments on new
accessibility guidelines from a group called the U.S. Access
Board. What is this board, and why does it pack such a wallop
The U.S. Access Board’s full name is the Architectural and
Transportation Barriers Compliance Board, and it creates guidelines
for architecture and transportation related to the
Americans with Disabilities Act (ADA). The Access Board consists
of 13 public members appointed by the President, of
whom a majority must be people with disabilities, and 12 federal
agencies, among which are the Department of Justice and
Department of Transportation.
The ADA requires the Access Board to “issue minimum
guidelines…to ensure that buildings, facilities, rail passenger
cars, and vehicles are accessible, in terms of architecture and
design, transportation, and communication, to individuals
with disabilities.”
6 DD Quarterly ~ FALL 2004

The process in review
Once the January 28 comment
deadline is reached, the
DOJ will propose a follow-up
version that also will be made
available for public comment
before it is finalized. So here’s
how the whole process works:
1. The U.S. Access Board, after
a 10-year review with input from
industry, organizations, and individuals,
created new guidelines
for access.
2. On July 23, 2004, the
board recommended these
new guidelines for adoption
by the U.S. Department of Justice
as standards to use in enforcement
of the Americans with
Disabilities Act and Architectural
Barriers Act.
3. The U.S. Department of
Justice issued an advance notice
of proposed rulemaking on
September 30, 2004, concerning
setting or updating its current
standards of access. Its deadline
for comments is January 28,
2005.
4. After the deadline, the
Department of Justice will propose
a follow-up version of the
guidelines.
5. The Department of Justice
will then ask for comments on
its revised guidelines.
6. Then the Department of
Justice will issue new standards
for access. Until this happens,
the current standards remain
in effect.
DOJ’s deadline for accepting
comments on the announcement
of proposed rulemaking
is January 28, 2005. To find
instructions for how to comment,
visit DOJ’s website:
www.ada.gov/proposal.htm.
Address questions to the DOJ
at (800) 514-0301v, or
(800) 514-0383 tty.
OPI announces
poster contest
Ohio Public Images and
the Ohio Developmental
Disabilities Council are again
this year sponsoring a poster
contest for all elementary
school students in Ohio. Theme
of the contest is Friendship
Makes Abilities Bloom!
Students are asked to create
posters that explore the similarities
in children, both with and
without disabilities, in a positive
way.
Students with winning
posters will receive U.S. Savings
Bonds. their posters will be displayed
in the Ohio Statehouse.
For a packet of information for
your school, call (419) 254-4069
and ask for Mary Pat. Or visit:
www.publicimagesnetwork.org
Cuyahoga Special Education Service Center
Leadership Development Series
In collaboration with CMR, Inc., East Shore SERRC,
Ohio Coalition for the Education of Children with Disabilities,
and the Ohio Developmental Disabilities Council
presents
Getting to Win-Win
Friday, April 8, 2005
9:30 am – 2 pm
Broadview Heights, OH
Robert “Bobby” Silverstein, Director
Center for the Study and Advancement
of Disability Policy, Washington, DC
Part of successful school/home/community partnerships is based on
communication and the ability to move the process forward.
Silverstein brings years of experience to the table regarding collaboration
and negotiation.
Participants will have a better understanding of:
• Best practice in negotiation skills development
• The top ten tips in working on disability issues collaboratively
• Using emerging disability policy to navigate the issues
Reservations required. Fee: $15, includes lunch and materials. For
more information, contact: Terri Mc Intee, CSESC, (440) 885-2685,
ext. 236 or Terri.McIntee@LNOCA.org
DD Quarterly ~ FALL 2004
7

Two programs expand college and career
opportunities for students with disabilities
WrightChoice links
college students to
internships
The WrightChoice Intern
Program (WCIP) led its second
annual college visit to Wright
State University (WSU), Dayton,
July 28 to give students and parents
a firsthand look at college
life and opportunities.
The program is partially funded
by the Ohio DD Council, said
TyKiah Wright, WCIP executive
director and founder. Based in
“A lot of students with disabilities
don’t ever have the opportunity
to be exposed to college life
or post-secondary education,”
said Wright. “After high school,
they fall through the cracks of
society and don’t reach their
full potential.”
This year, 15 students along
with 14 parents made the trip,
and it’s that parent-child link
that makes the visits so successful.
“A lot of times, parents are
not invited, but we invite them
because often there is a lack of
awareness on the part of the
the Westerville School District,
said, “I certainly will encourage
my students to go on these
trips.” Poole took the trip with
son, Allan Russell, a student at
Beechcroft High School. “I
thought it was a wonderful
thing to do together,” she said.
LaQuashia Brown, who does
not have a disability, was
impressed with the campus.
“WSU focuses on everyone—
those with and without disabilities.
I like a school that is concerned
with everybody, she said.”
Brandi Brown, who accompanied
her granddaughter on the
trip, agrees. “I was impressed.”
She added that several of the
guest speakers had some of the
same disabilities as the visiting
students, which seemed to be
helpful. “We came away with a
lot of information. I would definitely
tell others about this trip.”
The group traveled by bus,
leaving Columbus early in the
morning. They returned after a
day of hearing guest speakers
from WSU talk about
For the second year, Tykiah Wright (front left) organized a tour
of Wright State University, Dayton, for high school students with
disabilities and minority students.
Columbus and known for “building
a bridge between resource
and opportunity,” WCIP links
college students with disabilities
and minority students to internship
possibilities. The program is
in its third year of operation.
“Our goal is to expose students
to different types of opportunities,
especially at the collegiate
level,” said Wright, a graduate
of WSU.
parents. Once they
come on the trip,
they do become
aware and they
can then provide
that extra support
and encouragement
to their
child.”
Christina Poole,
a Special Education
teacher in
Allan Russell (left) of Westerville toured Wright State
University with other students and their parents. “It
was great,” he said. “I’ve learned that Wright State is
the campus for me.”
8 DD Quarterly ~ FALL 2004

Admissions, Financial Aid,
Disability Services, Academic
and Vocational Support, Student
Life, Adapted Recreation, as well
as the cultural organizations the
campus offer its students.
Cassandra Mitchell, WSU
Academic Support Services specialist,
is pleased with the
WrightChoice visits. “The students
seem to have very good
questions about what they need
to be doing now to prepare for
college,” Mitchell said. “We
want to continue to work with
this program.”
“I'm gratified to know that
because of something we put
together, we changed a student’s
life,” Wright said. “If I’ve just
played the role of exposing a
student to college possibilities,
then I have done my job.”
In the future, Wright said the
college visit may be expanded
to include an overnight stay at
a university. “It would be nice
to add a two- or three-day, multiple
college tour where we just
get on the bus and go.”
High School High
Tech encourages
technology careers
High School High Tech
(HSHT), a federal program
through the U.S. Department
of Labor, Office of Disability
Employment Policy, brings career
and college options to high
school students with disabilities
in Ohio.
TyKiah Wright, HSHT statewide
coordinator, said more awareness
of the program is important.
“We’re looking to increase the visibility
of the HSHT program on a
statewide level and expand the
program,” she said. Wright said
she would like to see the program
reach into all areas in the state.
The program, that currently
operates in Toledo, Cleveland,
Cincinnati and Columbus, was
designed with four features:
1. Preparatory Experiences
include work readiness skills, jobsite
visits, trainings such as for
resume writing, interview skills,
and college visits.
2. Connecting Activities offer
tutoring, assistive technology,
and mentoring to facilitate the
students’ transition to a work or
study situation.
3. Youth Development &
Leadership features activities
such as self-advocacy, self-determination,
and independent
living skills.
4. Work-based Experiences
include on-the-job activities such
as job shadowing and visits, as
well as internship opportunities.
Currently, more than 90 students
are being served in Ohio
through the program, but that is
expected to jump to more than
100 with the recent launching of
a new HSHT site in Columbus.
Columbus’ HSHT Director
Jackie Kemp is gearing up for a
full-range of activities to support
today’s high school students with
disabilities who have yet to be
exposed to high tech studies and
careers. “It will mean an opportunity
and advantage to explore
college and career choices,”
Kemp said. She has garnered support
for the program from the
Columbus Public Schools, as well
Rain or shine
Ice or snow
Weather conditions
do not
hinder students
at Wright State.
All classrooms
and services
are connected
with tunnels as
shown at left.
as The Ohio State University.
HSHT allows students to
“explore education and careers
that wouldn’t have been available
to them,” said Jennifer
Jones, Dayton’s director.
“Technology is everywhere
around us.”
In Toledo, HSHT Director Kim
Dittman cited numerous ongoing
projects such as job shadowing,
and mentoring, and the TECH-
Now curriculum that facilitates
skill-building through computer
software and hardware use.
Dittman also said a HSHT
partnership with the University
of Toledo’s Engineering
Department looks to result in
senior design projects such as an
accessible fishing boat; camera
stand adaptation; a lift to transport
a wheelchair from trunk to
car; and ergonomic extenders
for wheelchairs.
Lucille Walls, executive
director of the Ohio Governor’s
Council on People with Disabilities,
which fiscally oversees the
program, said the hopes for Ohio
HSHT are that it can pattern after
the Florida program, which is
heavily linked with business and
universities and has enjoyed a
strong and continued growth.
For more information about these
programs, contact: WrightChoice
Intern Program, 690 South High St.,
Columbus, OH 43206;
(614) 444-8300 v; (614) 443-5954 fax;
www.wrightchoice.org; or
wcip@wrightchoice.org
DD Quarterly ~ FALL 2004
9

Medicaid Buy-in program
making progress in Ohio
Since passage of the Ticket
to Work and Work Incentives
Improvement Act in December
1999, advocates have promoted
Medicaid Buy-in in Ohio. A total
of 25 states have already implemented
this program to enhance
opportunities for people with disabilities
to work and maintain
their Medicaid coverage.
In March 2001 a joint Ohio
House/Senate committee made
recommendations to implement
Medicaid Buy-In in Ohio. Their
recommendations would have:
• Eliminated Medicaid “spenddown”
for people with disabilities
who are working;
• Increased asset limits from
$1,500 to $10,000; and
• Permitted workers to remain
in Medicaid up to 250% of
poverty level (about $23,000 per
year), after excluding the first
$20,000 in earned income.
That committee was chaired
by Senator Bill Harris of Ashland
who will likely be selected as
the President of the Ohio Senate
when the new General Assembly
convenes in January. Harris is
chair of the Senate Finance
Committee.
Will MBI be in next
budget proposal
At the time Senator Harris’s
committee made those recommendations
to the governor
and Ohio General Assembly,
the state was in a budget crisis.
Rising Medicaid costs precluded
support for implementation.
The current two-year budget
also didn’t include Medicaid Buy-
In. However, a new budget will
be introduced in the General
Assembly early in 2005. The governor
included the buy-in pro-
gram as a priority in the Ohio
Access Report for People with
Disabilities last spring, so advocates
are hopeful that the he will
keep that commitment and
include buy-in as a priority in
the next budget.
Projections of
participants and dollars
Recently Steve Howe, of
Steven R. Howe Associates,
prepared revised estimates of
the costs of implementing a
Medicaid Buy-in program for
Ohio. The Ohio Developmental
Disabilities Council commissioned
this study. Howe also
did the original estimates for
the Ticket to Work Study
Committee chaired by Sen. Bill
Harris in 2001.
Current estimates are that
about 7,000 Ohioans would likely
participate in a buy-in program,
although it would be 4-5
years to enroll that many people.
Costs at that point would be
about $14 million per year.
Howe’s estimates were presented
this summer to the Ohio
Commission to Reform Medicaid.
Commissioner John Begala
included that in his preliminary
report to the Commission on
September 13.
Possible bipartisan bill
to come
Also, Senator Eric Fingerhut’s
office has been working with
members of the Disability Policy
Coalition to develop legislation
to implement Buy-In. A draft
bill has been in process at the
Legislative Services Commission,
and may be introduced by bipartisan
sponsors after the
November election.
Updated MBI
report available
People with disabilities
often are discouraged from
working because increasing
their earnings makes them
ineligible for Medicaid and
the coverage they need for
acute and long-term support
services. People are forced to
choose between health insurance
and work.
In order to keep their
Medicaid eligibility, these
people may stop working or
reduce their work hours
because they cannot afford to
pay for all their medical services.
Having a Medicaid Buy-
In (MBI) program in Ohio
could reduce the unemployment
rate among people
with disabilities by 70%.
With the Buy-In, a person
pays a premium for coverage;
the size of the premium is
based on the amount of the
person’s income.
The Ohio DD Council—
that supports Medicaid Buy-
In because it enables more
people with disabilities to
go to work—commissioned
a report on the cost and
enrollment of a MBI program
in Ohio.
Dr. Steven Howe, who
specializes in Evaluation,
Policy and Program Planning
at the University of
Cincinnati, recently completed
the report, titled
“Thinking about Medicaid
Buy-In Enrollment projections
for Ohio: Learning
from other States.”
For a copy of the report,
phone: (800) 766-7426 v or
(614) 466-.0298 fax,
(614) 644-5530 tty, or visit:
www.ddc.ohio.gov/Pub/
10 DD Quarterly ~ FALL 2004

Cleveland
resident wins
Helsel award
Walter I. Zborowsky of
Cleveland, Ohio, was recently
selected as the recipient of the
Elsie D. Helsel Advocacy Award.
The award, including a cash
award, is given annually by the
Ohio Developmental Disabilities
Council for outstanding advocacy
on behalf of people with
developmental disabilities.
Elsie Helsel of Athens, is a longtime
advocate for people with
disabilities on both state and
national levels.
Zborowsky distinguished himself
with his advocacy efforts on
state and local levels. On the
state level, he became a formidable
advocate because he made
himself an expert in complex
areas such as Medicaid, Housing
and Urban Development (HUD),
residential funding and legislation.
And if policymakers tried to
ignore him, he did not hesitate
to pursue litigation. He was also
a major architect of reform legislation
that enacted the Ohio Bill
Gardner and Ney named
Legislators of the Year
Coinciding with DD
Council’s commitment
to getting out the vote
of people with disabilities—and
the theme of
its 2005 Annual
Conference, “Change
Our World...Vote!”—
Council honored U.S.
Representative Bob
Ney, Bellaire, and
Ohio Senator Randall
Gardner, Bowling Green,
as Legislators of the Year.
Ney was selected
for his outstanding
efforts to support people
with disabilities through
After accepting Rep.
Ney’s award, Patrick
Sweeney assured conference
participants,
“The sacred right to
vote will be protected.”
DD Council Secretary Carolyn Knight presented
Legislator of the Year Awards, September 8
at the Hyatt Regency Hotel, Columbus.
Sen. Gardner told the
audience, “I think it’s
important that the issue
of accessible voting doesn’t
go away. There’s an
awful lot more to do.”
passage of the Help
America Vote Act
(HAVA). Patrick Sweeney,
Cleveland, accepted the
award on Ney’s behalf.
Senator Gardner was
honored for appreciation
of his dedicated efforts
to improve the lives of
people with disabilities
by reforming Ohio’s
election process. Gardner
chaired the 2004 Joint
Committee on Ballot
Security.
In accepting his award, Mr.
Zborowsky said, “We’ve worked
together to build a better society for
children with MRDD. It was the
parents who created the classes in
church basements since the children
were being left out of school
that made it happen.”
of Rights for people with mental
retardation and other developmental
disabilities. He has testified
before legislative committees
at state and national levels.
His local efforts have had a
major impact in the lives of hundreds
of people with mental
retardation and other developmental
disabilities in the
Cuyahoga County Community.
He developed and operated
homes for people with disabilities
and provided training programs
to allow more people with
disabilities to live independently.
Additionally, he has trained
future professionals as a faculty
member at Cleveland State
University.
The honoree of this annual
award was announced by Margaret
Gutsell, Vice-chair of the
Ohio Developmental Disabilities
Council at the Annual Conference,
September 8 in Columbus.
DD Quarterly ~ FALL 2004
11

YLF Class of 2004 learns about legislative process
The 2004 delegates to Ohio’s Youth leadership Forum (YLF) plus assistants, counselors and staff (pictured above) visited the
Ohio Statehouse to learn about the legislative process, hear from policymakers, and visit their representatives. The 28 highschool
students who attended the four-day event had an opportunity to develop and enhance their leadership and advocacy
skills by interacting with peers and speakers. For more information about this annual forum, visit: www.gcpd.ohio.gov
Forum inspires
Brianne Clink
Brianne Clink of Custar,
OH, near Bowling Green, is an
alumna of one of the most touted
forums in Ohio for high
school students with disabilities.
She was a delegate to the first
Youth Leadership Forum (YLF)
in 1999, sponsored by the
Governor’s Council on People
with Disabilities and a project of
the Ohio DD Council. Since that
time, YLF has prospered. And
Clink has not only returned each
year to help but has applied the
forum’s leadership lessons to
her life.
Leslie Alloway, program specialist
at Governor’s Council,
said, “The best gift we give YLF
delegates is one another.” She
said the forum has fostered many
lasting friendships and stressed
the delight delegates typically
feel that they are at a worthwhile
event where they are not the
oddball. Alloway said the forum
is a mixture of learning and fun
in small and large groups. Guest
speakers are community leaders
and celebrities.
Several delegates return to
work as staff. In 2004 Clink
completed her second year as a
small group counselor. “Each
year I get another shot in the
arm,” she said.
Today, she is “thinking big”
in her leadership thoughts,
and as she works to complete
college, she’s also considering
positions where she might continue
to make a difference, such
as applying to serve on
Governor’s Council.
Former YLF delegates, Brianne Clink
(center), Christopher Czirok (left),
Nathaniel Bell (right), and others give
of their time to return as peer counselors
and mentors to new delegates.
12 DD Quarterly ~ FALL 2004

She will finish her studies
in December at the College
of Mount Saint Joseph in
Cincinnati. She said she decided
to try to become a special education
teacher because of encouragement
from her high school
guidance counselor. “My counselor
told me there were ways to
overcome obstacles, and I didn’t
always believe her,” she said.
Clink said her experience at
the Youth Leadership Forum gave
her an enormous boost of selfconfidence
that she really could
achieve that goal and many others.
She’s been on the dean’s list
several times. This fall, she’s student
teaching and is thinking
about employment opportunities
“anywhere in Ohio.” She said, “I
would love to be an intervention
specialist in a high school.”
She’s gone from doubter to
believer. And her transformation
shows the value of positive life
influences—such as those gained
at YLF.
She represents one of many
positive stories from past forum
delegates. You don’t have to go
far to find another. For example,
the Governor’s Council website
features several photos from past
forums. And it’s no coincidence
that a 2003 forum alumni, B.J.
Kline, is the site’s webmaster.
If you want to apply to
become a delegate for the seventh
Youth Leadership Forum,
June 20-23, 2005, in Columbus,
visit the Governor’s Council
website: www.gcpd.ohio.gov for
an application.
Deadline for applications is
January 14, 2005. Applicants
must be juniors or seniors in
high school as of Dec. 31, 2004,
in order to attend the 2005
forum.
You may contact Brianne Clink by
e-mail at flip_flop44@hotmail.com
Doris Brennan
Center opens
in Cleveland
To commemorate the independent
living work of one of
its early pioneers, Linking
Employment, Abilities and
Potential (LEAP) opened the
Doris Brennan Center for
Disability Education and
Advocacy (DBC) named for the
woman who led LEAP as its executive
director for 14 years. The
DBC opened July 1, 2004.
Brennan, who had quadriplegia
following a 1954 auto accident,
died in 2000. Her words
live on today to inspire people
with and without disabilities:
“Once a person truly understands
that his or her voice and opinion
mean something and can bring
about change, that knowledge
instills a sense of power and confidence
that cannot and will not
be squelched. Training individuals
to take on the role of future
leaders and instilling the sense of
empowerment is the greatest
reward one can achieve.”
Melanie Hogan, LEAP executive
director, said Brennan’s quo-
The 4th Annual
National Inclusive Schools Week
will be celebrated
December 6-10, 2004
in classrooms, schools and communities throughout the country.
The event recognizes the nation’s progress and promotes action
toward increasing the capacity of schools and communities to
provide a quality education to an increasingly diverse student
population, particularly those who have disabilities.
For more information, visit: www.inclusiveschools.org
tation sets the tone for what
the new center seeks to achieve.
The DBC, which operates out of
LEAPs main office, focuses on
community and system advocacy
to advance dignity, equality,
self-determination and expressed
choices of individuals with
disabilities.
DBC projects also will:
• Advocate for and promote
changes in legislation and policies
for the full inclusion of people
with disabilities in all aspects
of community life.
• Include disability awareness,
sensitivity training, and education
of the general public.
Hogan said, “Doris’ advocacy
efforts on behalf of her peers
instilled validations of self worth
in countless individuals and
helped dispel myths and stereotypes
of disability that limit people
to a much greater degree
than their disability ever could.”
Alma Krekus, DBC director,
said “Everything about this work
exudes ‘Doris’ because she mentored
all of us for many years.”
For more information, contact:
Alma Krekus at LEAP, 1468 W. 25th St.,
Cleveland, OH 44113; (216) 696-2716
v; (216) 696-3317 fax, or e-mail:
akrekus@leapinfo
DD Quarterly ~ FALL 2004
13

Arts Grants
announced by
DD Council
The Ohio Developmental
Disabilities Council awarded
Funding for the Arts grants to
eight Ohio organizations:
• Art on Main, Lawnview
Industries, Urbana;
• Artists Open Studio,
Christie Lane School &
Workshop/ Huron County
Board of MRDD, Norwalk;
• We Care Arts, Kettering;
• Gallery Arts Center,
Columbus;
• Joining the Arts
Community, Tuscarawas
County Board of MR/DD,
New Philadelphia;
• Art Bridge Studio, a
Division of UCP, Columbus;
• The Purple Cat,
Youngstown;
• Hocking County Board of
MR/DD, Logan.
DD Council awarded a total
of $32,000 in arts grants. This
is the second year the Council
has offered Funding for the Arts
to help emerging artists with
disabilities move to a higher level
of career development. Grant
funds will be used to help artists
with disabilities develop the skills
necessary to begin marketing
their art for profit. The recipients
of the awards will assist artists
with disabilities in a variety of
artistic disciplines.
The community employment
rate for people with disabilities
is devastatingly low, as is the
involvement of people with disabilities
in the arts. The arts can
provide opportunities for people
to be employed in a variety of
nontraditional careers. However,
people with disabilities are rarely
given the opportunity to explore
this area as a career option.
Art entries and
site proposals
sought
The 2005 touring Accessible
Expressions Exhibition showcases
art of professional, emerging
and youth artists with disabilities
in Ohio. Artists wanting
consideration of their work need
to submit photos of the art along
with an entry form by December
17. VSA will notify artists by
January 7, 2005, whether their
artwork has been chosen for
exhibition. There is a nominal
entry fee. Prizes are awarded.
The exhibit encourages sale of
the displayed works.
The exhibition opens at
Xavier University on February
12, 2005. VSA Arts of Ohio wants
the exhibit to be available in all
For more information
about Funding
for the Arts, contact:
Leslie Paull, ODDC,
(800) 766- 7426 v,
(614) 644-5530 tty,
leslie.paull@dmr.
state.oh.us
Ohio regions and seeks additional
proposed accessible locations.
The 2004 show opened at Xavier
University and visited 12 other
sites. Examples of past sites are
the Dayton Art Institute, Avon
Public Library, Westerville
Recreation Center, and Beck
Center for the Arts.
The exhibition is in its ninth
year and is one of VSA Arts of
Ohio’s most popular programs,
with an estimated audience of
more than 100,000.
VSA Arts of Ohio is a nonprofit
arts service organization promoting
the creative power of
people with disabilities in Ohio.
KeyBank is the primary sponsor
for the Accessible Expressions
Ohio exhibition.
Obtain site requirements, art entry
forms and rules from Kimberly Murray,
VSA Arts of Ohio, 77 S. High St., 2nd
floor, Columbus, OH 43215, (614) 241-
5325, info@vsao.org.
With a grant from the
Ohio DD Council,
Gallery Art Center of
Columbus hosted an
art show in April
2004. Paintings and
sculptures by artists
with disabilities were
on display at this special
event and many
pieces were purchased.
14
DD Quarterly ~ FALL 2004

News from Ohio Legal Rights Service (OLRS)
Controversy in Compromise:
Ohio’s Long Term Care industry
and the Martin v Taft Settlement
Michael Kirkman, J.D., OLRS Legal Director
Introduction
Controversy and conflict
continue to slow the efforts of
people with mental retardation
and developmental disabilities
(MR/DD) in Ohio to obtain the
promise of community integration
that is offered by the
Americans with Disabilities Act
of 1990 (ADA). The parties in
the OLRS case of Martin v Taft,
filed in 1989, have arrived at a
court mediated settlement that
would set the stage for one of
the largest waivers requiring the
money for services to follow the
person in the United States. The
United States Secretary of Health
and Human Services Tommy
Thompson called for states to
seek new waivers that allow people
with disabilities to have control
of the Medicaid dollars used
to serve them.
The settlement was drafted
into the terms of an enforceable
consent order and filed with
the Court on June 29, 2004.
The Court issued preliminary
approval of the consent order on
July 7, 2004, and set September
14, 2004, as the date for the fairness
hearing required by federal
court rules.
The settlement would provide
current and future residents of
an ICF/MR in Ohio the choice
between moving to an integrated
community setting or remaining
in the facility where they currently
reside—with payment for
services in either setting funded
by a research and demonstration
waiver. Almost one billion dollars
in Medicaid money was paid
to ICFs/MR in Ohio in FY 2003,
and this money would be used
to fund the services based on
that choice.
Ohio’s long term care industry
quickly demonstrated, however,
that it would not support a
proposal that would diminish
their control over these dollars.
Through a well-orchestrated
campaign, the industry and their
lawyers sought to convince aging
parents and guardians of Martin
class members that the settlement
would result in the closure
of licensed ICF/MR facilities in
Ohio and that the settlement
would put the families’ loved
ones on the street. Nothing in
the settlement does this.
Combating these misrepresentations,
OLRS’ lawyers and
advocates have attended forums,
talked to hundreds of class
members and guardians, and,
along with the state defendants,
provided to the court and the
class additional clarification
assuring continuity and adequacy
ofservices.
The Settlement and the
ICF/MR program
Those individuals who are
objecting to the settlement have
Ohio Legal Rights Service
8 E. Long St., Suite 500
Columbus, OH 43215-2999
Toll-free: 1-800-282-9181
Local: 1-614-466-7264
TTY toll-free: 1-800-858-3542
TTY local: 1-614-728-2553
Fax: 1-614-644-1888
www.olrs.ohio.gov
http://olrs.ohio.gov
focused on their desire to continue
participation in the ICF/MR
service under Medicaid. Federal
Medicaid law specifies that a participating
state must provide “at
least” certain services to all eligible
participants, including:
• Inpatient and outpatient
hospital services;
• Laboratory services;
• Nursing facility services;
• Physician services; and
• Nurse midwife and nurse
practitioners.
A state also may choose to
offer additional services as part
of its plan. Although not mandated
to do so, Ohio currently
includes ICF/MR services in
its plan.
Under the relevant federal
law, however, Ohio may drop
the ICF/MR service from its
plan at any time. Courts have
consistently held that a state
may choose not to offer the
ICF/MR service.
The state attempted this
in the 2004-2005 biennial executive
budget, but this effort was
rejected by the Ohio General
Assembly. Ohio Medicaid offi-
continued on next page
DD Quarterly ~ FALL 2004
15

OLRS (continued)
cials have been clear, however,
both in the context of the
Martin case and in public venues
such as the February 2004 Ohio
Access report update, that this
proposal will be in the executive
budget in 2005 (state FY 2006-
2007).
It was in this context that
the consent order was negotiated.
The provisions of the proposed
consent order:
• Recognizes the state’s plan
to drop ICF/MR services;
• Mandates that in its place
the state create a waiver that
would provide comparable services
to the class members currently
residing in ICFs/MR;
• Mandates that the state
defendants develop the waiver
in a manner that allows the
class member resident to choose
the provider of services and to
choose the place where the services
are received (including a non
facility setting); and
• Provides monitoring and
enforcement mechanisms for the
class to ensure that reasonable
steps are taken by the defendants
to comply with these provisions.
The settlement also sets up
short term priorities for ICF/MR
residents within existing waivers,
and mandates necessary rules to
enforce a statutory waiver priority
for residents of nursing facilities
who have MR/DD.
Points of clarification
Many individuals reacted to
news of the settlement with distrust
of state officials because of
past failures regarding people
with MR/DD. OLRS has emphasized
that the settlement is a
consent order that would be
enforced by the court, and that
the monitoring and enforcement
provisions were included in order
to assure compliance.
Additionally, the state defendants
and the plaintiff class, represented
by OLRS, have provided
in writing several points of clarification
that would bind the state
defendants in their interpretation
of the order. These include assurances
that:
- Comparable services would
continue uninterrupted;
- A mechanism to cover room
and board would be included in
any waiver submitted by the
state;
- Licensed facilities will continue
to be a choice for the class,
and the state will continue be a
provider of services for developmental
centers;
- Due process rights would be
assured to the class; and
- The resources currently used
in the ICF/MR system would be
used to fund the waiver.
Furthermore, the parties to
the consent order agreed that
the waiver would be phased in
incrementally. A select number
of facilities will be selected to
implement the conversion to
the waiver. This will allow for
evaluation and adjustments to
be made before taking the waiver
state wide.
Procedural quagmire
During the objection period,
the court received over 5600
documents that were docketed
as “objections.” Review of these
documents showed over 3700 of
them, or 8 in 10, were on forms
created by the ICF/MR industry.
Only 592 were identified as
from parents. Much duplication
occurred, with 27 objections filed
on behalf of one class member,
and one parent having eight different
documents filed as separate
objections.
Several groups of objectors
represented by lawyers filed
objections and announced their
intention to participate in the
fairness hearing. After a pre-trial
hearing and brief mediation
session, the court cancelled
the September 14 fairness hearing
and ordered an exchange
of proposals between the
signatory parties and the objectors.
This exchange now has
taken place and the Court will
set a status conference to discuss
the next steps regarding the
consent order.
Two separate motions to
decertify the class have been
filed by objectors. Plaintiffs have
opposed these motions, since the
class is properly composed of
individuals who will benefit from
the choice provision of the proposed
consent decree, implementing
the state’s obligation
under the community integration
mandate of the ADA. If the
class is decertified, then the settlement
will be void, and the
named plaintiffs’ claims will be
resolved either through settlement
or trial.
If the class remains certified,
the Court must approve or disapprove
the settlement; it cannot
modify the agreement. If the
Court does not approve the settlement,
the case will be set for
trial. OLRS lawyers will be asking
the Court for a prompt ruling on
these motions, as this will allow
the case to be settled or taken to
trial if necessary.
Conclusion
Frederick Douglass is thought
to have said: “Power concedes
nothing without a demand; it
never did and never will.” The
reaction of the long term care
industry to the settlement in
Martin demonstrates this point
once again.
Yet the settlement is but one
step in the direction of giving
16 DD Quarterly ~ FALL 2004

control over services to the
people with disabilities who use
them, and Ohio has many more
steps to take. OLRS is committed
to this issue, and will continue to
press Ohio officials to move in
the direction of client choice and
an integrated service system for
all people with disabilities.
OLRS awarded
federal grant to
plan one-stop
centers for
families
The Administration on
Developmental Disabilities
(ADD) recently awarded a oneyear
Family Support 360 planning
grant to OLRS. Through the
Projects of National Significance
grant program, ADD awarded
these grants to plan multi-agency
partnerships that will design onestop
centers to assist unserved
and under- served families with a
member who has a developmental
disability. The main purpose
of the one-stop centers is to preserve,
strengthen, and maintain
the family unit.
Families of children with
disabilities is focus
OLRS will use the grant’s planning
dollars to work with families
who have children with disabilities,
the Hamilton County
Board of MRDD, The ARC of
Hamilton County, and the Ohio
Department of MRDD on the
three tracks of the grant:
1. OLRS will work with families
who have children with disabilities
to plan a local single
point of entry so they have
access to a system of family
support services that is familycentered
and family-directed.
2. OLRS will work with families
who have children with disabilities
to identify what information
they need, to develop
useable information in readily
understood language, and to
plan outreach and ways to circulate
information.
3. OLRS will explore information
technology that supports
the family group’s plan for a
local single point of entry. Based
on the plan, OLRS will develop
a Requirements Document
addressing the plan and associated
costs of implementation
should funding for implementation
become available.
Project builds on FSC
grant/H.B. 214
OLRS brings to the Family
Support 360 planning grant six
years of work advocating for a
single point of entry, and familycontrolled,
family-determined
supports for Ohio families who
have children with disabilities
through its Family Support
Collaborative (FSC). FSC is funded
by the Ohio Developmental
Disabilities Council (ODDC).
One of the products of the
FSC grant was House Bill 214,
which would have established a
simple, streamlined
application/eligibility process and
create a single point of entry to
find out about, apply for, and
evaluate supports. H.B. 214 did
not come to a vote before the
House recessed this past summer.
FS Council is alternative
However, the Director of the
Ohio Department of MRDD
Kenneth Ritchey, on behalf of
the Taft Administration, offered
an alternative to H.B. 214: establishing
a Family Support Council
within ODMRDD. The Council is
a shared initiative among the
FSC, OLRS, ODMRDD and
ODDC that is now actively working
toward implementing many
of the provisions contained in
H.B. 214 that ODMRDD has
within its power to change.
Some of the provisions of the
bill require collaboration among
many of the state agencies providing
services for families who
have children with disabilities,
for example, the departments of
Job and Family Services, Health
and Mental Health.
The FS 360 grant offers an
opportunity to work on needed
collaboration at a local level.
OLRS is excited by the possibilities
this new grant affords to
build on the work of the FSC
and the FS Council. We look
forward to working this year
with Hamilton County families
and its Board of MRDD, The ARC
of Hamilton County, and ODM-
RDD to plan a local single point
of entry.
OLRS program priorities:
Guiding what we do
Ohio Legal Rights Service
accepts thousands of cases each
year. Case selection is guided by
express agency program priorities
in order to accomplish the mandated
goals and objectives of the
three main federal protection
and advocacy programs: the
Protection and Advocacy for
Individual Rights (PAIR),
Protection and Advocacy for
Developmental Disabilities
(PADD) and Protection and
Advocacy for Individuals with
Mental Illness (PAIMI). Most
importantly, case selection is
designed and implemented to
assure consistency and fairness in
the evaluation and assignment or
rejection of cases.
During the past year Ohio
continued on next page
DD Quarterly ~ FALL 2004
17

OLRS (continued)
Legal Rights Service has made
significant improvements to its
intake system, including linking
accepted cases with program priorities.
This powerful tracking
tool allows continuous monitoring
of and adjustments in case
selection, evaluation of goal
accomplishment, and efficient
quarterly and annual reporting to
federal program administrators.
Program priorities are developed
through an ongoing process
throughout the year. OLRS
invites and values public input
into the formulation of program
priorities through public forums,
through paper and online surveys,
and personally through
advocates and attorneys assigned
to individual casework.
Ohio Legal Rights Service has
completed its new program priorities,
rationales and activities to
achieve the priorities for the next
fiscal year, October 1, 2004 to
September 30, 2005. The new
program priorities were submitted
to the OLRS Commission for
review on October 4 and presented
for review and comment in
public forum on October 13.
Summary of priorities
A summary of the themes of
the 2004-05 program priorities
follows. Each priority is supported
by a rationale and activities
planned for the new fiscal year
in order to accomplish each
program priority.
• To protect and advocate for
the Olmstead rights of people
with disabilities to live in integrated
community settings of
their choice.
• To protect and advocate the
rights of eligible children with
disabilities to receive special education
in the most integrated setting
appropriate to their needs
and to remain with their families
and in their communities.
• To protect and advocate
the rights of people with disabilities
subjected to discrimination,
abuse and neglect, seclusion
and restraint, and inadequate
institutional health and safety
standards.
• To advocate for improved
performance and accountability
of the client rights advocacy system
in Ohio and accommodations
in services to people who
are deaf or hard of hearing.
• To protect and advocate
for OLRS’ continued access to
records, clients and facilities
as provided by federal and
state laws.
Ohio Legal Rights Service program
priorities are available in print upon
request and on the OLRS web site:
http://olrs.ohio.gov/ASP/about_
Priorities.asp
Court issues
opinion on
Medicaid
eligible children
On August 28, 2003, Ohio
Legal Rights Service filed a
complaint in the United States
District Court for declaratory
and injunctive relief against
the Director of the Ohio
Department of Job and Family
Services (ODJFS), Thomas J.
Hayes, for failing to ensure that
Medicaid eligible children under
the age of 21 receive appropriate
treatment under the Early,
Periodic, Screening, Diagnosis
and Treatment (EPSDT) provisions
in the Medicaid Act—even
if the necessary treatment or
service is not covered under the
State’s Medicaid plan.
ODJFS is required under the
Medicaid Act to screen all
Medicaid eligible children and
provide or arrange for the services
and treatment they may
need to correct any developmental,
mental, and physical conditions
that are found in the
screenings. OLRS filed this suit
on behalf of two children who
were not receiving the medically
necessary treatment and services
they required to deal with their
developmental and other health
conditions.
The complaint alleged that
the director of ODJFS failed to
have policies, practices and procedures
in place to make sure
that all eligible children and
their health- care providers were
aware of the services available
under EPSDT and had an effective
means for families to obtain
the services needed in a reasonable
time frame.
ODJFS Director Hayes filed a
Motion to Dismiss arguing that
individuals did not have a right
to bring an action in federal
court under the EPSDT provisions
of Medicaid. The Court,
in an Opinion and Order dated
September 30, 2004, held that
individual Medicaid recipients
do have a right to bring an
action in federal court under
the Medicaid Act and specifically
finds that the EPSDT requirements
of the Act are enforceable
by eligible individuals.
The Court noted that these
individuals also have a right to
receive these services in a reasonable
time frame and in the same
amount, duration and scope as
any other eligible recipient. The
Court held that an individual
does not, however, have a right
to bring an action to obtain
“community based services”,
or Medicaid waivers under the
EPSDT provisions of the Act.
OLRS
18 DD Quarterly ~ FALL 2004

Scripps releases
disability
projections
The Ohio Long-term Care
Research Project, housed at the
Scripps Gerontology Center,
Miami University, provides information
to legislators, planners
and service providers involved in
decision-making about services
for older people. The project provides
both statewide data and
county reports.
Even though the U.S. Census
Bureau makes this type of data
available, many agencies do not
have the capacity to analyze
such data. In addition, Census
Bureau information details the
population 65 and over, while
many services provided by state
and localities are for people 60
and over.
Most projections on the older
FAST FACTS about Franklin County
and its 60+ population
population simply project numbers.
Providing information as
Scripps does about disability is
important to those planning
long-term care services.
County reports fill a unique
need for those interested in
understanding the characteristics
and composition of the older
population in each county and
in Ohio, now and in the future.
Some data highlights the
growth of the baby boom population—the
group that will drive
future increases in the need for
long-term care services. The next
few years provide a unique
opportunity to plan for the baby
boom elders. The trends shown
in the county reports can assist
groups in their future planning.
A sample of the types of information
included in the reports is
shown below.
To see the complete reports, visit:
www.scripps.muohio.edu/scripps/
research/countyreports.html
• Over 13% of population is age 60+ (or 138,651 individuals).
• By 2020, there will be 230,000 individuals age 60+.
• More than 75% of age 85+ are female.
• Disability increases with age: only 3% of 60-69 year-olds have a
severe disability, compared to 44% of those 90+.
• Over one-third of of individuals age 60+ have at least one
disability.
• By 2020, almost 14,000 individuals age 60+ with a severe
disability will reside in Franklin County.
• Over 12% of the age 60+ population live in poverty.
• Almost 20% of individuals age 60+ are racial or ethnic
minorities.
• Of men age 60+, 73% are married, compared to only 41%
of women.
• Nearly 60% of people age 60+ have 12 or fewer years of
education.
• Of women age 60, 42% live alone, compared to 21% of men.
2004, Scripps Gerontology Center
Ohio
Disability
Vote Project
DD Council and nineteen
other disability organizations
spearheaded a Get Out The Vote
campaign prior to the General
Election, Nov. 2.
More than 19,000 registration
packets were sent to unregistered
voters in the groups. Packets
included a letter about how
important it is for people with
disabilities to vote, a registration
form, and a request for an absentee
ballot.
After registrations were turned
in, efforts began to get people to
the polls. Phone calls reminded
people about voting day and
offers were made to get people
rides, or other assistance as
needed.
Whether or not you were
contacted by the project, we
need to hear from you!
How successful was your
voting experience
Did you vote at a polling
location or by absentee ballot
What problems did you have
Was your voting site accessible
Did you request assistance
Were poll workers helpful
What would you like to see
changed
Please phone, fax or e-mail
AXIS. Include your name, city
and disability, and state your
specific problem.
The Vote Project is going to
gather this information, and propose
changes to the Secretary of
State and to local boards of election.
If we are going to improve
the voting process before the next
election, we must act now!
Please contact AXIS about your experiences:
(800) 231-2947 v/tty, (614) 267-
4550 fax, axiscenter@aol.com.
DD Quarterly ~ FALL 2004
19

Clark helps Morrow County
make voting headway
Maggie Clark, adult basic education
coordinator at the Morrow
County Board of MR/DD, teaches
people voting skills how to get to
the polls, what rights voters
have, and how to perform the
process of voting. She started this
project more than 20 years ago.
Initially, her trainees met many
barriers from election officials.
Following the win of a class
action lawsuit in the early 1980s
resulting from five women in the
county being denied the right to
vote, Clark said election officials
gained a new, positive attitude
about people with disabilities
exercising their voting rights.
“The change was welcome, and
the county paid attention to
awareness training of poll workers,”
she said.
She said Morrow County now
has a 93% voting rate among
qualified MR/DD voters and
their families.
Clark said that one of her
great helps in training is pictures.
For example, if she needs to
explain that an issue related to
family services will be on the ballot,
she places a picture of a family
next to the wording on her
training ballot. She obtains a
sample absentee ballot from election
officials so that it has the
same wording as the actual
punch-card ballot trainees will
use at the polls. Then she or the
trainees paste on the pictures.
Each trainee receives a copy
and he or she can use it as a sample
ballot to take to the polls.
Sometimes voters need assistance
in lining up the sample with the
actual ballot so they can vote
their opinions, and Clark teaches
voters that they may ask poll
workers, a trusted friend or family
member to help.
Typically Clark starts training
a month before an election and
concentrates mostly on ballot
issues. However, she said they
will often look at a sheriff’s race,
for example, if someone knows a
candidate or if the race is toughly
contested. This year, they covered
the Presidential candidates
because there was so much news
about them on TV.
She said one of her future
challenges will be to figure out
how to use pictures with electronic
ballots. Jim Dickson,
renowned expert in the disability-vote
field, noted at the
Change Our World...VOTE! conference
that picture balloting is
done on electronic ballots in
other places, such as in Brazil, so
it should be possible here.
Dickson is vice-president of
Governmental Affairs at the
American Association of People
with Disabilities, Washington,
DC. He and Clark spoke at DD
Council’s Annual Conference,
“Change our World...VOTE!” on
September 8.
PROPOSED TAX LEVY - REPLACEMENT
PERRY COUNTY JOINT FIRE DISTRICT
FOR THE TAX LEVY
AGAINST THE TAX LEVY
159
160
➔
➔
People with
disabilities
share ideas for
being involved
in grassroots
efforts, political
endeavors
[Editor’s note: AXIS writer
Shari Veleba trekked to her first
national political convention in
July. Here are some conversations
and ideas that were shared with
her by convention participants.]
People with disabilities came
to Boston as delegates and alternates
alike. They also took part
in Disability Caucuses on
Monday and Wednesday of
the four-day convention.
The overriding topic of the
caucuses was to “get involved”
through voting. Those attending
took a little time to speak with
me about ways they got politically
active in their communities,
and why it’s important for people
with disabilities throughout
the country to do the same.
Patricia Lewis, a delegate
from Manhattan, NY, said she’s
been involved politically for
about ten years. “I wanted to try
and make changes for my community
(of people with disabilities),”
she said.
Lewis, who uses a wheelchair
due to spina bifida, said New
York City has 13 community
boards on which to serve—from
monitoring potholes, and traffic
lights, to other topics of citywide
concern. She’s been a member of
several throughout the years.
“You have to be in it to win
it,” she said. “We as people with
disabilities have to be involved
because Society walks over
20 DD Quarterly ~ FALL 2004

us…because we’re never there
on committees or at the polling
booth.”
Alexander Wood, a wheelchair
user in his 40s, also of New York
City, said he’s part of a 504 Club
that focuses on accessibility
issues throughout the city.
Wood also said a Disabilities
Network exists in New York City,
to give people with disabilities
many opportunities
to be involved in the
policies that affect their
daily lives. “We’ve tried
to organize the communities
to build cross-disability
coalitions that
work together identifying
issues—winnable issues—
so you can see progress,”
he said.
David R. Leshtz, chair
of the Iowa Civil Rights
Commission, has worked
and advocated for people
with disabilities for 35
years. “It was the first
thing I was ever good at,”
he said. “Once you think
of people with disabilities
as struggling for their
civil rights, then you
view them as struggling for
an opportunity.”
Leshtz suggested people with
disabilities become active in their
preferred political party, at the
grassroots level, or at city councils.
He also thinks that today’s
technology offers more ways to
be involved. “Now with the
Internet, you can be wired to
thousands of people with similar
interests and build your coalition
that way…or you can run for
office yourself.”
Cinda Hughes, a convention
delegate from Oklahoma City,
and the 2004 Ms. Wheelchair
America, said involvement can
begin at home. “I was raised with
public discussion around the
kitchen table,” she said. “Out
of necessity, I became politically
active.” A member of the Kiowa
Tribe, she has lobbied on Capital
Hill, keynoted national disability
awareness events, and took part
in the Macy’s Thanksgiving
Day parade.
Hughes encourages people
with disabilities to write to their
congressmen
and women,
vote, write
to newspapers
throughout
the year, and
educate
others about
the issues
important to
people with
disabilities.
Carol
Danner, 59,
of Springfield,
Illinois, first
Don’t turn your back on
disability issues, the
political process, and
grassroots activity.
became politically
attuned at
age ten. “Find
out what the
disability organizations
are in
your state,” she
said, “and participate
in them.
The only way
we can make
changes in our communities is to
educate people.”
Keith Odom, 25, of Knoxville,
Tennessee, became politically
involved at age 6 when he began
listening to National Public
Radio. In 1988 he worked on his
first presidential campaign.
Odom, who has cerebral palsy
Patricia Lewis, a
Democratic delegate
from Manhattan, got
involved in politics
because she wanted to
make changes for others
with disabilities.
and a visual impairment, gave
this strong advice, “Follow the
news, read the op-ed pages just
to see what other people are saying,”
he said. He also pointed to
the Internet as a good tool for
involvement. “Write a letter to
the editor. It shows we’re in tune
with the issues. It’s especially true
for young people with disabilities
like me.”
Cheryl Cummings, 37, of
Brighton, Massachusetts, said
speaking up is key. “We need
to speak up for ourselves,”
Cummings, who is blind, said.
“We can’t assume that other people
will understand what our
needs are.” She got involved with
the Healthy Boston Coalition, a
civic engagement committee for
the area, as well as with the
Massachusetts Commission for
the Blind.
Meghan Elizondo, 32, of San
Jose, CA, who has arthritis, got
involved by contacting
the national Arthritis
Foundation, which directed
her to other active
organizations.
Whatever political philosophy
you hold, it truly
is vital for people with
disabilities to become
involved in community
and political activities.
As you take part, you
also shatter negative
stereotypes about disability
that so many have held
for too long. And, with
each new legislator you
either meet, or become
through running for office yourself,
you further empower all citizens
with disabilities.
Get involved today. Don’t
wait until this country’s next
“big” election to become an
active advocate. The groundwork
we lay now, will assist us in
future elections.
DD Quarterly ~ FALL 2004
21

RESOURCES
All resources listed in DD
Quarterly are available from
AXIS library: (800) 231-2947
or axiscenter@aol.com
I’ll Carry the Fork!
Recovering a Life after
Brain Injury
2003, Kara L. Swanson
Swanson describes her ongoing
process of recovery from a closed
head injury with candor and
laugh-out-loud humor. She shares
day to day challenges of trying to
find new ways to accommodate
memory and other problems. (This
former caterer decided to carry a
fork to remind herself that she was
cooking!) Includes technical advice
from medical and legal professionals
as well as tips for using their
services. This is a valuable resource
for brain injury survivors and their
supporters who want information
in layman’s terms.
Students with TBI—
Thriving Beyond Injury
2004, Ohio Legal Rights Service
This 112-page book is designed
to provide parents of children with
traumatic brain injuries information
about special education and
related services as they are provided
under the Individuals with
Disabilities Education Act (IDEA)
in Ohio. This publication has been
written to guide parents through
the process of getting appropriate
special education services through
the various stages of traumatic
brain injury and rehabilitation.
The booklet discusses transition
planning, evaluation, services,
special factors, advocacy, negotiation
and rights, and includes a list
of resources.
Free. OLRS, (800) 282-9181v, (800) 858-
3542tty, www.olrs.ohio.gov
Suzanne Minnich, Executive
Director, Brain Injury Association
of Ohio, says, “Kara Swanson is
inspiring because she is honest
about what people face. This book
can help people with brain injury,
their families and friends, understand
the extent of the challenges
that are common.”
205pp. $16.95 plus S&H. Rising Star
Press, PO Box 66378, Scotts Valley,
CA 95067-6378. (888) 777-2207.
www.risingstarpress.com
Lest We Forget—
Spoken Histories
2004, Partners for Community
Living and Music from the Heart
This program is a statewide
effort to record and preserve the
first-person histories of people
with cognitive disabilities, their
families, professionals and advocates
in Ohio prior to and during
the “deinstitutionalization” movement
and the continuing evolution
of person centered community-based
services.
This is a valuable tool for inservice
and training, community
education and awareness and
advocacy. Chapters can stand
alone: Sent Away, Life Behind the
Walls, Broken Families, Locked In,
Punishment and Control, Bleak
and Barren, Medical Abuse and
Medications, Pressing for Change,
Moving Back, and Fitting In.
Proceeds from the sale of the
CDs will support the next phase of
the project, a film documentary,
that will present additional histories
from individuals involved in
the “institutional era” and chronicle
the struggles and accomplishments
in communities and within
families during deinstitutionalization
and mainstreaming.
2 hours. 2 CD set. $19.95 plus $5 S&H,
Partners for Community Living, 1651
Needmore Rd., Dayton, OH 45414.
(937) 898-3655.
22 DD Quarterly ~ FALL 2004

I Can, Can You
2004, Marjorie W. Pitzer
A board book filled with
images of babies and toddlers
with Down syndrome doing what
all kids love to do—explore and
discover their world.
16 pp. $8.76 plus S&H.
The Woodbine House, (800) 843-7323
or @www.woodbinehouse.com
All Kinds of Friends,
Even Green!
2002, Ellen B. Senisi
A seven year old, who has
spina bifida and uses a wheelchair
has a school assignment to write
about a friend. Book shows how
he decides to write about an
iguana with missing toes. Story
provides material for discussing
inclusion at school and home.
28pp. $14.95 plus S&H.
The Woodbine House, (800) 843-7323
or @www.woodbinehouse.com
Promoting Social Success:
A Curriculum for Children
with Special Needs
2004, Gary N. Siperstein and
Emily Paige Rickards
Field tested with 400 elementary
school students, this curriculum
focuses on developing the
cognitive skills behind appropriate
social behavior rather than teaching
children a set of specific
behaviors. For both self-contained
and inclusive classrooms. Includes
66 activity-based lessons organized
around topics that build on each
other. Students learn to:
• Assess their own emotional
states and develop new coping
mechanisms
• Identify and interpret social
cues and other interpersonal
dynamics
• Set appropriate social goals,
generate problem-solving strategies,
and think about the consequences
of their actions
• Consider characteristics of
good friendships and explore ways
to improve their relationships
Lesson include materials, variations
for more advanced and less
advanced students, handouts,
illustrations, parent newsletters,
and lists of additional resources.
512pp. $45 plus $5 S&H. Brookes
Publishing Co., PO Box 10624,
Baltimore, MD 21285-0624. (410) 337-
9580. www.brookespublishing.com
Teaching Math to
People with Down
Syndrome and Other
Hands-On Learners
2004, DeAnna Horstmeier, Ph.D.
This guide focuses on teaching
essential math–addition and subtraction–and
concepts about time,
money, counting and measuring
that empower learners to be as
independent as possible with
daily living skills.
The teaching technique is
appropriate for preschoolers just
being introduced to number concepts,
as well as adults who may
not have learned basic concepts in
school. No special background is
required to teach the lessons. An
informal assessment is provided to
determine where to start.
Lessons come with stated objectives
that can be incorporated in
to a student’s IEP.
The author is an Instructional
Resources Consultant at the
Central Ohio Education Regional
Resource Center. She is the mother
of an adult with Down syndrome,
whose needs for independent living
skills placed her on the road to
finding ways to teach useful math
in a hands-on manner.
382pp. Soft cover. $19.95 plus S&H.
Woodbine House, 6510 Bells Mill Rd.,
Bethesda, MD 20817 (800) 843-7323.
E-mail: info@woodbinehouse.com
DD Quarterly ~ FALL 2004
23

Plan now to attend!
SOLIDARITY ‘05
Ohio’s largest conference planned by and for people with disabilities
Improving the lives of Ohioans
with disabilities
May 11-13, 2005
Hyatt Regency Hotel
Columbus, Ohio
DD Quarterly is
produced by AXIS
Center for Public
Awareness.
Civil Rights:
Your Rights & Responsibilities
DD Quarterly can be viewed at
www.ddc.ohio.gov or can be
requested from AXIS in large print
or on audiocassette.
Please pass this copy to others
who could benefit from it. If you,
or someone you know, would like
to be added to the mailing list,
please call AXIS.
Toll free in Ohio, v/tty:
(800) 231-2947
In central Ohio, v/tty:
(614) 262-8124
Fax:
(614) 267-4550
E-mail:
axiscenter@aol.com
AXIS STAFF
Sue Willis, project director
Vince McGuire, photographer
Kelley Femia, designer
Beth Kramer, writer/editor
Shari Veleba, writer
Rev. Dan Young, writer
Kim Ryan, audio recording
Joyce Talkowski, assistant
Donna Kinney, assistant
Speakers:
Michael Winter, Director for the Office of Civil Rights,
Federal Transit Authority
James Dickson, Vice President of Government Affairs,
American Association of People with Disabilities
Juliette Rizzo, Office of Special Education & Rehabilitation
Services, United States Department of Education and
2005 Miss Wheelchair America
SOLIDARITY ‘05 is a project of the Disability Network of Ohio—
Solidarity, Inc. and the Ohio Developmental Disabilities Council.
For more information visit: www.dnos.org or call (800) 863-0344
AXIS Center for Public Awareness
of People with Disabilities
4550 Indianola Ave.
Columbus, OH 43214-2246
CHANGE SERVICE REQUESTED
Route to:
o
o
____________________________
____________________________
Copyright 2004. Content may be
reprinted upon request.