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VOR Weekly E-Mail Update
October 12, 2007
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Table of Contents
1. TEXAS: Payne: State schools raise the quality of life for the mentally retarded
2. NORTH CAROLINA: Workers with developmental disabilities face changes – State plan to send jobs into private sector raises concerns
3. SUPREME COURT Deadlocks on Special Education Case
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1. Payne: State schools raise the quality of life for the mentally retarded
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By Susan Payne
SPECIAL CONTRIBUTOR
 

Summary: The following, excellent, editorial was written by Susan Payne, whose sister has lived in Texas state schools for nearly 36 years. Susan’s mom is longtime VOR leader and advocate, Nancy Ward – VOR’s Immediate Past President.
 

Payne: State schools raise the quality of life for the mentally retarded
By Susan Payne
SPECIAL CONTRIBUTOR
Friday, September 28, 2007
American Statesman
 

Make no mistake, there are forgotten lives in the state schools for the mentally retarded. But they're not forgotten by the parents, families, caregivers, employees, mentors, volunteers and friends. They're forgotten by the advocacy groups that want the institutions closed and their funding redirected to community group homes.
 

The forgotten lives belong to the state school residents who are severely and profoundly mentally retarded, have severe behavior differences and have ongoing medical needs. The forgotten include those who seek admission to a state school. Critics of the state schools point to the U.S. Supreme Court's Olmstead decision, which affirmed the rights of disabled people to live in their community, to justify closing institutions. In actuality, the opinion says:
 

"We emphasize that nothing in the ADA (Americans with Disabilities Act) or its implementing regulations condones termination of institutional settings for persons unable to handle or benefit from community settings ... Nor is there any federal requirement that community-based treatment be imposed on patients who do not desire it."
 

In its Olmstead ruling, the Supreme Court of the United States reinforced the right of choice. Closing state schools would take away choice, thereby violating the ruling. The court's decision supports institutional care for these forgotten lives, the people whose severe impairments require the close care found in institutional settings.
 

Many state school residents were never expected to live beyond their teens or early adulthood. Families often attribute their long lives to the wonderful care they receive in the state schools and the active lives they live. Department of Aging and Disability statistics show that 54 percent have lived in the schools for more than 20 years. School residents are not locked away in isolation. They go shopping, to church, to dances, to theme parks, out to eat, to jobs and to life skills classes.
 

Much has been made of the 17 deaths at the Lubbock State School. Of course, residents do die. Most have many physical and mental health issues, but the on-campus medical facilities' personnel are knowledgeable and compassionate in treating the mentally retarded.
 

Many advocacy groups suggest that most state school residents function at moderate to high levels. This is simply not true.
Different functioning or Adaptive Behavior Levels of mental retardation are: Mild (50-60 IQ), Moderate (35-49 IQ), Severe (20-34 IQ) and Profound (IQ below 20).
 

The Adaptive Behavior Level documentation from the Department of Aging and Disability indicates that as of July 31, there were 4,898 residents living in the Texas State Schools for the Mentally Retarded. Of that number 2,891 are in the Profound Range, 1,116 are in the Severe range, 734 in the Moderate range and 112 have an Adaptive Behavior Level of Mild.
Many groups claim that "all" can live in group homes. But group home placement isn't for everyone, and more than one factor is used to determine that.
 

It's incomprehensible and illogical to maintain that the state is better equipped to respond to problems in thousands of group homes than in its own 13 state school facilities. Group home placement does not widen the circle of people looking out for these vulnerable citizens. It makes that circle smaller.
 

These advocacy groups don't advocate for all mentally retarded. Closing institutions does not protect the people who cannot survive in group homes. Closing institutions is a slap in the face to employees who have dedicated their careers and lives to the schools. Closing institutions disrupts the lives of the residents, families and the circle of wonderful people who volunteer, mentor and care for the state school residents. Most of all, closing institutions ignores the feelings and opinions of the many parents and relatives of school residents.
 

Who are we and how do we know? We are the parents and families of the 4,007 severely and profoundly mentally retarded living in the state schools. We know them better than anyone else. We have direct and day-to-day experience, not just the occasional visits made by members of advocacy groups. It's unfortunate and frustrating that some people have trouble accepting that our loved ones will never be able to live in the community as productive citizens. We accept them as they are. We love them and are proud of their accomplishments, no matter how small.
 

We hope our wishes are not lost on state legislators and agency officials. We won't let our loved ones be forgotten. Listen to the Supreme Court opinion. We must provide choice.
 

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2. Workers with developmental disabilities face changes – State plan to send jobs into private sector raises concerns
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by Leslie Boyd
CITIZEN-TIMES.COM
October 7, 2007
 

HAZELWOOD, North Carolina — Rick Pollard lives in a mobile home in Haywood County and pays his bills with the money he makes manufacturing custom surgical drapes.
 

“I like my job,” he said. “I’ve been here 19 years, and I live on my own.”
 

Pollard, who has developmental disabilities, works at Haywood Vocational Opportunities, placing directional stickers on surgical drapes before they are folded and placed into packages. He works full-time, alongside people who have disabilities and others who do not. He is proud of his productivity and says he would never want to work anywhere else.
“This is my home,” he said. “H.V.O’s like family.”
 

But services for adults who have developmental disabilities are changing, and the new model looks very different than Pollard’s job.
 

The state is moving toward supported employment, which places people in jobs in the community instead of in centers like the one where Pollard works, and it is considering closing centers like H.V.O., which offer services on-site that jobs at restaurants and stores would not.
 

The supported employment model provides someone who can act as a “community coach” for each person in supported employment.
 

George Marshall, president of Haywood Vocational Opportunities, worries the state will do the same thing with this model it did with mental health.
 

Currently, about 5,000 to 5,500 people work in what the state defines as sheltered workshops, and they would be the first ones moved into the community. Those in other programs that serve people with more serious and complex disabilities would be moved into the community later.
 

“I’m afraid they’ll move people out of places like this before they’ve built community capacity,” he said. “That would be a disaster.”
 

Haywood Vocational Opportunities is one of 14 community rehabilitation programs in 23 counties in Western North Carolina that banded together in 1978 to form the Marketing Association of Rehabilitation Centers, or MARC. The association employs about 2,800 people.
 

The nonprofit centers are some of the strongest surviving manufacturers in the mountains. Western Carolina University estimated they pump an estimated $20 million annually into their communities.
 

The association helps pull grant money such as a $605,000 grant from the Golden Leaf Foundation and $300,000 from the Janivre Foundation last year.
 

The centers also provide other educational, rehabilitative and recreational programs for employees, and member CEOs worry their successful model will lose funding as the state moves more people into private-sector jobs.
 

State will move ahead with new model
 

Lisa Jackson, program manager at the N.C. Division of Mental Health, Developmental Disabilities and Substance Abuse Services, said the state is already piloting a supported employment program in Mecklenburg County, moving people out of workshops and into jobs at retail stores, restaurants, the airport and more.
 

“This is the wave of the future,” she said. “Other states have done this, and we’re moving toward it.”
Davan Cloninger, of LifeSpan Services, an agency running the pilot program, said many people who now are in sheltered workshops will thrive in the community.
 

“I understand the angst,” she said. “But if the state of North Carolina funds this community coach concept fully, it’s a model that will work well.”
 

That, said Marshall, is a big “if.” Earlier this year, the state reduced funding for community support services from about $60 an hour to $40 and then back up to about $50 per hour for people with mental illnesses, claiming the funds were being abused by taking people to movies and the swimming pool.
 

But those activities likely were therapeutic, meant to help people gain social skills, and are written into many people’s plans for treatment.
 

Mecklenburg County has received permission to work outside of established service definitions — the specific services for which the state or Medicaid will pay — for its program, allowing more flexibility in services.
 

But Dennis Knasel, director of consumer affairs and community services for the Mecklenburg local management entity, said he doesn’t know if that flexibility will be allowed statewide.
 

Without that flexibility, and without the proper funding, supported employment will not work for everyone, say advocates, and some, like Pollard, would resist being moved.
MARC sales at $40 million
 

Community rehabilitation programs like H.V.O. grew out of the sheltered workshops of the 1960s and 1970s, which employed only people with disabilities, but the rehabilitative centers employ people with and without disabilities. Although the state still labels them sheltered workshops, they have grown into fully integrated, revenue-producing workplaces with comprehensive benefits and services.
 

The centers generate between 60 percent and 97 percent of their budgets each year, with H.V.O at the high end, and Foothills in Marion, which absorbed another program recently, at the lower end. Last year, sales of MARC-manufactured goods reached nearly $40 million.
 

One program, the MARC Outsource Initiative, a national program to market the products of eight MARC members, reached sales of $1.3 million.
 

The centers manufacture items such as surgical drapes, truck parts and packaging, and employees can work full-time or part-time and participate in as many programs as they want.
 

The centers also train people for employment in the community. Last year, MARC members placed nearly 600 people in competitive jobs.
 

Most are part-time jobs
 

Some people who can work in a center would not be able to work in the community, said Joy Shuford, who recently retired as CEO of Foothills Industries in Marion.
 

“Some people are nonverbal, or they’re incontinent,” she said. “Where are they going to work in the community?”
Seven CEOs from MARC said this week most people would be able to find only part-time jobs in the rural communities of Western North Carolina.
 

Tom O’Brien, CEO of Industrial Opportunities Inc. in Andrews, said many of his employees’ parents work full-time and depend on the center.
 

“They have a safe reliable place for their adult child while they work,” he said. “What would they do if that went away, and their child, who can’t be left alone, worked just 12 or 15 hours a week?”
 

“We think it is naïve to think that supported employment is the only service people with developmental disabilities need,” said Noel Watts, CEO of MARC.
 

In rural communities, rehabilitative centers are the best chance for employment for people with disabilities, said Michael Maybee, president and CEO of Watauga Opportunities in Boone.
 

“Rural communities don’t have adequate public transportation, and the jobs they have to offer are mostly part-time jobs in fast food restaurants,” Maybee said. “The state is talking about a one-size-fits-all model, and that won’t work. What’s good in Boone might not work in Robbinsville.”
 

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3. Supreme Court Deadlocks on Special Education Case
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JFA Daily 10/10/07
 

The U.S. Supreme Court split 4-4 over whether school districts must finance private education for disabled children who haven't tried a public special education program first.
 

After hearing arguments on Oct. 1, the justices said in a one-page statement today they were upholding a lower court ruling that a man was entitled to be reimbursed for his disabled son's private schooling in New York City. The action sets no nationwide precedent. The father, identified in court papers as Tom F., is former Viacom Inc. Chief Executive Officer Tom Freston, according to the Associated Press.
 

"All the school districts in the country would like a more definitive result," said Leonard Koerner, a lawyer for the New York City school board, which argued against reimbursement.
 

The legal question may be raised before the Supreme Court again in an effort to get a decision with nationwide effect, said Paul Gardephe, an attorney for the father. Until then, the ruling is limited to the 2nd Circuit, which covers New York, Connecticut and Vermont.
 

"With no clear idea how they would vote, I'm pleased it came out the way it did," said Gardephe.
 

Justice Anthony Kennedy didn't participate in the case, giving no reasons. The court, as is its practice in deadlocked cases, didn't say which of the other eight justices were on which side of the case.
...
To read the rest of the article, go to:
http://www.aapd.com/News/courtdecisions/071010bb.htm
SOURCE: Bloomberg

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Tamie Hopp
Director of Government Relations and Advocacy
Tamie327@hotmail.com

 

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