Promoting Self Determination, Independence, Productivity, Integration, and Inclusion of People with Disabilities

Vol. 14, No. 3 April 2010 Budget is Step in Right Direction For People with DD When Jindal released his 2011 Executive Budget on February 12th, it reflected significant shifts in how resources are spent to support individuals with developmental disabilities. Faced with projected revenues that are a billion dollars less than last year, the decision could have been to merely cut services. Historically, cuts have been made to home and community-based services, while the budgets supporting the large developmental centers continued to expand. The 2011 Executive Budget reversed this trend by committing more of Louisiana’s resources to support individuals with developmental disabilities in their homes and communities and made the long-awaited move to reduce the state’s over-reliance on large, segregated and costly developmental centers.

Louisiana has been making slow progress toward providing more home and community-based services and reducing the use of institutions. While our state spends more than most states supporting people with developmental disabilities (eighth in the nation), we direct more of these dollars toward institutions than any other state (first in the nation). Unfortunately, this slow movement has left Louisiana with 9,437 people waiting over eight years for home and community-based waiver services – one of the longest waiting lists per capita in the country. Collectively, the changes in the executive budget mark deliberate moves to significantly change the pace – and the strategy - of moving toward a system that reflects best practices. Inside this issue: Developmental Centers Gov’s Budget - DD Services 1, 6 Proposed changes in developmental centers will result in reductions of Gov’s Budget - LT-PCS and EDA 2 over $33 million from the 2010 budget – or a 14.5 percent decrease! Gov’s Budget - MH Services 2 That decrease is reflected in the downsizing and closing of developmental Legislative Advocacy Tips 2 centers. Louisiana’s move toward fewer and smaller developmental DD Council page 3 centers started with the Metropolitan Developmental Center (MDC) closure Human Dev. Center page 4 following Hurricane Katrina. The majority of MDC residents transitioned Advocacy Center page 5 into the community successfully. Bills to Watch 7 The facilities in Thibodaux (Bayou) and Leesville have so few residents Did You Know? 8 they no longer meet the definition for a large intermediate care facility (ICF/ Veterans with Disabilities 8 DD). Unfortunately supporting the maintenance of these large facilities Hands-On Learning 9 only increases the average cost per resident. Kliebert Interview 10, 11 The last remaining residents of the Columbia Developmental Center Laws and Policies 12 transitioned into community settings and the facility is being transferred ASD Issue 13 over to the Office of Juvenile Justice. These results demonstrate Low Incidence Dis. Consortium 14 a successful track record of the state transitioning residents of Steps Forward/Steps Backward 15 developmental centers into community settings. The 2011 budget proposes two significant steps that will be instrumental in expediting Disability Rights Rally 16 the transition of additional residents into (Continued on page 6)

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Services for Those at Risk of Nursing Home Placement Threatened The Governor’s budget reflects drastic cuts to programs that support individuals with disabilities putting them at risk of nursing home placement. The Office of Aging and Adult Services’ budget for Long-term Personal Care Services (LT-PCS), which provides home care services to the elderly and people with disabilities is threatened with a $61 million cut, approximately 26% of the LT-PCS budget. This will cause additional cuts in services to many people who have already seen a drastic reduction in their services. Some people will face moving to a nursing home if their hours are further reduced.

There is a chance that these cuts could be mitigated if Louisiana receives additional federal funds for Medicaid. At press time (March 24, 2010), it is not clear whether Louisiana will receive these funds or, if the funds are received, whether the money will be used to supplement the budget for LT-PCS services.

Also, no additional waiver slots are budgeted for the Elderly and Disabled Adults (EDA) waiver. With 16,000 plus people on the EDA waiver waiting list, people are destined to end up in nursing homes. It’s unfortunate that the commitment to home and community based services evident in the developmental disabilities system did not seem to transfer to the one serving the elderly and those with adult-onset disabilities.

Future Uncertain For People with Mental Illness The Governor’s budget proposes reducing state run- individuals being discharged. Resources must not psychiatric facilities by discharging approximately 120 only be invested in community supports and services, civil patients. The TriAngle editorial board supports but also in quality assurance measures to ensure that moving patients to more integrated settings with ap- desired outcomes are being met. propriate community supports and services. Current- ly, Louisiana spends 44% of its mental health budget Community services for people with mental illness on institutional services, a disproportionate amount. have historically been limited, difficult to access, and subject to budget cuts. If comprehensive community- However, the plan for this transition is concerning to based services and supports are not available to mental health advocates. The Department of Health people upon discharge from psychiatric hospitals and P. O. Box 3455, Baton Rouge, LA 70821 and Hospitals (DHH) has indicated that individuals on an ongoing basis as needed, there is little chance 225-342-6804 * 800-450-8108 * www.laddc.org would not be transitioned until adequate community that these individuals will be successfully integrated residential services and supports are available, but into the community. We all hope that DHH can suc- their plan is unclear and seems to be in flux. Proper cessfully put these services in place and that mental planning and development of community resources health advocates and others assist them in doing so. are vital to ensure the safety and well being of the

Legislative Advocacy Tips As the 2010 legislative session begins, it’s important that all Louisiana citizens learn how to contact their legislators. Elected officials make decisions that influence your life in big and small ways every day. They are accountable to you and to all voters for the decisions they make. Most elected officials hope to continue to be elected – the best way to ensure this happens is to be responsive to voters. They want to hear what you think. Here are some tips to make your contact successful. • Make sure you are contacting the elected official(s) who can impact your issue. • Make it personal. When you communicate with the elected official, you don’t need to supply statistics or in depth analysis. Let your elected officials know why the issue is important to you and how it will impact your life, your family, or your community. • Be sure to identify yourself as a constituent (someone who lives in the district he/she represents). Politicians prioritize issues that affect potential voters. • If you are aware that an elected official acted to support your cause or position, follow up with a call, letter or email thanking him or her. Elected officials appreciate this, and it will also benefit you if you need their help in the future. To find your legislators’ contact information, visit http://www.legis.state.la.us/, or call the Advocacy Center at 1-800-960-7705, ext 143.

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2009 Annual Report Now Budget Ax Hits Council The Council did not dodge the budget ax that has fallen upon the Available Each year the DD Council publishes state and Department of Health and Hospitals (DHH). The Council an Annual Report detailing activities receives an appropriation of state dollars as part of the Community completed the previous year. The and Family Support System that are all contracted out to the Families 2009 report shares outcomes of Helping Families (FHF) Centers and a supported living program in Council initiatives, such as the for individuals with adult on-set disabilities. As part Inclusive Recreation and Positive of the Governor’s across the board mid-year reduction plan, DHH Behavior Support project, the Autism imposed a 9.5% reduction of the Council’s state general funds, Early Intervention Project, Home of equating to a cut of $60,982. The supported living program was Your Own, LaTEACH and LaCAN reduced by $18,007 while the nine FHF contracts were each reduced and provides brief narratives of by $4,775. All individuals served through the supported living the Council’s End the Wait! and program continued receiving essential services. Employment outreach campaigns. Read the annual report online at In FY11 (beginning July 1, 2010) the Council will sustain a state http://www.laddc.org/main/wp-content/ general fund reduction of $86,078. The Office of Adult and Aging uploads/2009-Annual-Report.pdf. If Services will assume the funding and responsibility for the supported you would like to receive a printed living program in FY11. Therefore the nine FHF contracts will receive copy of the report, please contact the entire cut for FY11 – reductions of more than $9,500 of their Derek White at [email protected] or current contract levels (from $55,555 to $46,991). Although these 800-450-8108. cuts are significant, the perseverance and dedication of the FHF Centers will ensure they continue to provide families the resources and support they need. Position Papers Updated At its January meeting, the Council updated its position papers on Segregation of People with Developmental Disabilities, Community Living, Consolidation and Closure P. O. Box 3455, Baton Rouge, LA 70821 of Developmental Centers, and Sheltered 225-342-6804 * 800-450-8108 * www.laddc.org Workshops and Segregated Employment. While the basic tenets were maintained, LIEA Indian Youth Leadership Camp these position papers offer the latest research findings and recommendations reflecting best practices and programs. The Council encourages you to read its positions online at http://www.laddc.org/main/?page_id=14.

Council Seeking Applicants for Membership The Council welcomes applications for membership year-round, but recruits applicants annually from areas where expected vacancies are anticipated in the next year. Individuals with developmental Pictured above are students participating in a leadership activity disabilities and immediate relatives of during the Louisiana Indian Education Association’s 11th Annual people with developmental disabilities Indian Youth Leadership Camp in March. The Council collaborates are encouraged to submit an application with LIEA each year to facilitate the inclusion of American Indian for Council membership from the Greater students with disabilities in activities funded or supported by LIEA. Baton Rouge (Region 2) and Northshore/ Among the 31 students attending the 2010 camp at Uskichitto Tangiapahoa (Region 9) areas of the state. Retreat Center in LeBlanc, LA were three with disabilities.

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HDC Launches High Tech Transition Program Louisiana State University Health Science Center- Human Development Center is happy to announce a new transition program model designed to provide high tech, career-focused mentoring to youth with disabilities from the ages of 16 –18 involved with or at-risk of becoming involved with the juvenile justice system in the area. The project is called, Ready to Achieve Mentoring Program (RAMP). The RAMP model utilizes a combination of group, peer, and one-on-one mentoring to promote the successful transition of RAMP youth to employment, continued learning opportunities, and independent living. Funded by the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention and led by the Institute for Educational Leadership, RAMP is being implemented at 12 sites across the country by state and local organizations with expertise in mentoring, youth development, and/or disability. Locally, HDC is implementing the project in partnership with the Recovery School District (RSD) in New Orleans. Dr. Alisa Lowrey is the Project Director and Ms. Sonya Heisser is the Project Coordinator. Youth will be referred from RSD and will launch in one target school. Twenty-four students will be selected to participate in weekly career-focused group meetings, including peer-supported goal setting and exploration of careers in Science, Technology, Engineering, and Math. Each youth meets one-on-one with a mentor to develop and implement an individualized mentoring plan. Mentors are caring adults, with and without disabilities, recruited from schools, businesses, and partner organizations. At the end of the program cycle, each group of youth works with an industry advisor to complete a high tech project. While in RAMP, youth have the opportunity to: assess and explore their own career interests; develop a plan and set goals for their transition; create a resource map of their community’s high tech industries; participate in weekly group and peer-to-peer mentoring; gain workplace soft skills; build resume writing and interviewing skills; Human 1900 Gravier Street 1010 Common Street interact with employers and experience a variety Development Box G6-2 of work settings; give and receive peer support; New Orleans, LA 70112 Suite 2600 Center (504) 556-7585 [email protected] New Orleans, LA 70112 take advantage of group and personal leadership B uilding Capacity www.hdc.lsuhsc.edu 800-960-7705 (Voice) School of Allied Inspiring Change opportunities; design and build a high tech-related Health Professions ( ( ( ( team project, and most importantly… have fun! ( ( 866-935-7348 (TTY) www.advocacyla.org For further information, please contact Sonya Heisser, RAMP Program Coordinator at (504) 556-7552 or ADVOCACY CENTER [email protected]. Watch for our new webpage coming soon (www.hdc.lsuhsc.edu). SERVING PEOPLE WITH DISABILITIES AND SENIOR CITIZENS

HDC Welcomes New Staff Eric Dickson joined HDC as a Technical Assistance Consultant for the Data Accountability Center project. Previously, he was a Program Manager for the Southeast Regional Resource Center, providing TA to the Georgia, Mississippi, Oklahoma, and US Virgin Islands Departments of Special Education. His experience includes developing annual performance reports, analyzing state data, and planning for secondary transition outcomes, continuous improvement, and focused monitoring. At Auburn University, Eric worked with students with disabilities, ensuring successful transitions from high school to college to employment.

Our new staff member Sonya Heisser, a native New Orleanian, holds a Master’s in Social Work with a concentration of Mental Health from the University of Houston. Sonya has experience working with children, youth, and families, including working as a Dillard University counselor providing individual counseling, psycho-educational groups, self-improvement workshops, and self-help seminars to enhance students’ personal, social, and academic growth. As a Crisis Counselor for Louisiana Spirit, she offered natural disaster survivors individual and groups counseling.

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Special Education Rights Protected by AC In this issue of the TriAngle, AC highlights the work of our special education staff, all of whom are supervised by Melissa Losch, Managing Attorney of our Special Education Unit:

Our Americorps attorney, Debbie Weinberg, represented a six-year-old student with autism who was not receiving sufficient supports in the classroom. When Debbie tried to work out a program that would include appropriate supports for the student, she was met with constant barriers and even hostility by district personnel. Despite all of this, Debbie pressed on and did not let intimidation tactics stand in the way of getting the accommodations the student needed. Debbie attended an IEP meeting in February 2010, and the school system agreed to provide the necessary services. Since then, the student is doing very well.

Mom contacted AC because her child, a 3rd grader with ADHD, Autism Spectrum Disorder, and Bi-polar disorder, was expelled from school and placed on homebound for one hour per week. Mom wanted her child placed in an alternative program specifically for kids with behavioral disabilities. AC Attorney Ken Kolb attended a meeting and showed that the child’s behavior was related to his disability. The expulsion was overturned, and the child has been placed in the desired program.

A 16-year-old 7th grade special education student was accused of writing a bomb threat on the school’s bathroom wall. Our client was implicated both by a surveillance camera and a handwriting expert. Mom was not informed of any of this until she was called to come to the school. When she arrived, a Manifestation Human 1900 Gravier Street Determination Review (MDR) was conducted. The 1010 Common Street Development Box G6-2 New Orleans, LA 70112 child’s due process rights were violated because Suite 2600 Center (504) 556-7585 [email protected] mom did not receive a copy of an incident report or New Orleans, LA 70112 B uilding Capacity www.hdc.lsuhsc.edu prior written notice of the MDR meeting, nor was 800-960-7705 (Voice) School of Allied Inspiring Change Health Professions ( ( ( ( she afforded the opportunity to review any of the ( ( 866-935-7348 (TTY) evidence. The child denies writing a bomb threat on www.advocacyla.org the boys’ bathroom wall. The MDR found the action ADVOCACY CENTER to be related to child’s disability, but mom was still SERVING PEOPLE WITH DISABILITIES AND SENIOR CITIZENS required to go to a hearing despite the relatedness determination. This came to the Advocacy Center as an emergency intake on a Friday, with the hearing scheduled for the following Tuesday. Glyn Butler, AC Paralegal, talked to mom and conducted research over the weekend, and on Monday contacted the special education director and spoke with the child’s mental health provider. Glyn attended the hearing on Tuesday, but because of Glyn’s weekend preparation and calls on Monday, the hearing officer threw out the recommendation for expulsion and ordered that they attend an IEP meeting immediately and the child return to school without further disciplinary action.

New Board Members Help Us Plan AC welcomes three new Board What do you think about the work of the Advocacy Center? Each Members: Dr. Richard Witzig of year, Advocacy Center staff review our priorities and projects Harahan; Dr. Raymond Hicks of to determine whether we are meeting the needs of people with Shreveport and Mr. Raymond Jasper disabilities and seniors across the state. We want to hear what of Gray. All three attended an you think. orientation meeting in March and will Visit http://www.advocacyla.org/surveys.php or email attend their first board meeting in April. [email protected] or call 1-800-960-7705 (Voice The AC staff and board very much or Relay)/1-866-935-7348 (TTY) to share your opinion. look forward to working with them. Thank you!

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(Continued from page 1) community-based services through the closure of one there are no additional funds allocated for the Bureau more facility -Northeast Supports and Services Center of Licensing, the only state agency that monitors -and the downsizing of those remaining open. the agencies providing services to individuals served through the DD home and community- The second major shift in practice is the use of based waivers. As more and more people with the Resource Allocation Model with residents of developmental disabilities move into the community all remaining developmental centers. Residents and private agencies take on a greater responsibility determined to be at the lowest three levels of need for supporting them – two things for which community will be transitioned to the community with waiver advocates have long advocated – the state should services or to a community home. Official estimates simultaneously allocate adequate resources for indicate that approximately 200 residents are at the quality assurance. lowest levels of need and will be transitioning to the community. Kathy Kliebert, Assistant Secretary for Waiver Slots the Office for Citizens with Developmental Disabilities, Welcome news to the 9,437 people on the waiver indicated that these residents will receive intensive waiting list is that the budget contains funding for 150 planning to transition them to their new environments additional New Opportunities Waiver (NOW) slots, and will be closely monitored for at least a year to 600 of the previously funded but still unfilled NOW ensure they are receiving adequate supports and slots, and an additional 425 Children’s Choice slots. services. (See article page 13.) Department of Health Given the challenging economic climate and forecast, and Hospitals (DHH) Secretary Alan Levine testified these measures were recognition that Louisiana to legislators that while these changes will result in is committed toward increasing access to home cost savings it is also expected to result in increased and community-based supports. Secretary Levine independence, participation in the community, and indicated to the Appropriations Committee that he is quality of life for the individuals with developmental acutely aware that, in the absence of offering services disabilities. in the least restrictive setting, the state opens itself up for lawsuits for violating the Olmstead provisions. Privatization of State-Operated Residential The administration’s recognition of best practices Services and awareness that the advocates are holding them Another cost saving move in the budget is the accountable appear to be driving forces behind these proposal to privatize the Developmental shifts in how Louisiana supports individuals with Center in Iota. Community advocates hope that the developmental disabilities. But the state’s fiscal crisis conditions of the agreement for this privatization clearly served as a catalyst to begin changing how include requirements for the continued downsizing of Louisiana directs its resources to ways that are not the facility. only more cost efficient and affordable but better for all Louisianans. While these changes are dramatic The budget also contains cost savings from the for Louisiana and some opponents may be afraid of privatization of state-operated community homes that change, the reform is long overdue and in line with occurred as part of the mid-year budget cuts. This the movement made by states across the nation over shift of publicly-operated community homes abolished the past 20 years. 92 ICF/DD beds and saved the state approximately $60,000 per year per individual. In addition, 25 former community home residents to date have chosen waiver services.

However, the shift privatized 12 community homes which will further strain the already reduced budget of the Community Living Ombudsman Program (CLOP). CLOP provides assistance to private community home residents with protection of rights and quality of life issues. The Executive Budget does not contain any restoration of the 30 percent funding reductions CLOP sustained over the past two years. In addition, State of Louisiana

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Keep an Eye on the Legislature Bills Impacting People with Disabilities and Seniors Abound In the 2010 legislative session, the legislature is considering a large number of bills addressing a wide range of issues. Below is a list of the bills which seem most likely to impact people with disabilities and seniors at press time (3/24/10). To view these bills or others, visit the LA Legislature’s website: http://www.legis.state.la.us/. See the article on page 2 for legislative advocacy tips.

House Bill (HB) 1 by Rep. Fannin provides the budget for the state, including budgets for the Department of Health and Hospitals (DHH) and the Department of Education (DOE).

HB 322 and HB 352 by Rep. Nowlin allow the percentage of reductions/transfers in dedicated funds, including trust funds, to be increased from 5% to 10% in times of budget deficit and other circumstances.

HB 405 by Rep. Dixon allows the Board of Elementary and Secondary Education to adopt rules and regulations on the use of restraint and seclusion.

HB 631 by Rep. Simon removes the identification requirement for individuals providing voting assistance to people with disabilities.

HB 732 by Rep. Norton prohibits the use of corporal punishment in schools.

HB 959 by Rep. Hines stops the use of the Resource Allocation Model by the DHH. Instead, DHH would have to adopt new regulations.

HB 1185 by Rep. Nowlin forces all Louisiana waiver services to comply with the Southern Regional average, which may lead to cuts in waiver services.

HB 1198 by Rep. Katz provides for the transfer of the Louisiana Rehabilitation Services from the Department of Social Services to the Louisiana Workforce Commission and the DHH.

SB (Senate Bill) 69 by Sen. McPherson extends the moratorium on additional beds for nursing facilities.

SB 216 by Sen. Mount updates the Nursing Home Bill of Rights to include the right to have visits from family and clergy at any time, be informed of his/her medical condition and proposed treatment; refuse medication and be free from abuse and neglect.

SB 295 by Sen. Donahue authorizes the DHH to contract for the operation of state inpatient mental health facilities and certain services provided at such facilities.

SB 485 by Sen. Morrell increases the regulations for charter schools to provide special education and related services.

SB 539 by Sen. Nevers requires DHH to license additional providers of ICF/DD services.

SB 628 by Sen. Duplessis requires school systems to implement a positive behavior supports discipline program and changes the criteria related to suspensions and expulsions.

SB 634 by Sen. L. Jackson allows the Department of Social Services to impose monetary sanctions on providers of residential facilities for children, if the facility fails to comply with licensing standards.

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LRS Transfer to LWC and DHH LA legislators are considering a bill to move the LA Department of Rehabilitation Services (LRS) from the Department of Social Services into the LA Workforce Commission and Department of Health and Hospitals. If you have any questions regarding the proposed transfer or would like to provide input, please call Did You Know? 1-800-737-2958. Survey for Parents of Children with Mental Health Needs The Governor’s Office, Department of Social Services, Department of Health and Hospitals, Department of Education, and Office of Juvenile Justice are developing a cross-agency project that will create a true “system of care” for children with mental, emotional, and behavioral health needs in Louisiana. Organizers are currently surveying parents. For more information or to access the survey, visit http://www.dss.state.la.us/index.cfm?md =pagebuilder&tmp=home&pid=272.

Announcing: Disabilities At Work Internet Talk Radio Disabilities At Work (DAW) Internet Talk Radio focuses on broad areas of interest to people with disabilities, their advocates, and employers. The show will be aired every Wednesday at 11:00 AM CST on VoiceAmerica Business Channel, starting April 14, 2010. Find out more at www.DisabilitiesAtWork.org.

Text4Baby Text4Baby is a mobile health information service that provides free, health-related text messages to pregnant women and new mothers who voluntarily enroll in the service. Brief text messages are sent three times a week, informing new and expectant moms on widely-accepted and highly-vetted scientific guidelines to promote healthy births, especially among traditionally underserved populations. Visit http://www.text4baby.org/ to find out more. Veterans with Disabilities Deserve Attention/Recognition/Supports With The Hurt Locker winning the Academy Award The National Resource for “best picture,” there is heightened awareness that Directory provides access American troops are fighting in two very dangerous to over 10,000 services wars. They face tremendous stress and danger on a and resources at the daily basis and some don’t live to tell about it. Others national, state and local live, but forever bear witness to the consequences of levels to support recovery, war in their own physical and mental disabilities. rehabilitation and community reintegration. As reported by Gregg Zoroya in USA Today, mental health disorders among enlisted men and women The military personnel who increased by 67% between 2006 and 2008. Cases prepared the directory state: of mental illness went from 657,144 cases to 1.1 “We are proud to assure million in that two-year period. During the same time our users they can trust span, bad backs, strained knees and other ailments the content as resources are reviewed regularly by increased from 1.4 million cases in the overall military a content management team that includes several to 1.9 million. Veterans and subject matter experts.”

To accommodate all those soldiers coming back to A few features of the new website include a faster, the states with mental health issues, head injuries more robust search engine, a Bookmark and Share and other stress and trauma-related disabilities, the capability for use with social media tools; and an “In U.S. Departments of Defense, Labor and Veterans the News” feature that provides links to news and Affairs have introduced the re-designed and updates about Wounded Warrior and Veterans issues. enhanced National Resource Directory website, www. Also included on the site is an expanded Homeless NationalResourceDirectory.gov. Assistance section where users can find information on a variety of programs and benefits.

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Hands-On Learning Program Benefits All Are you familiar with service enhances students’ personal for children. The students learning? It’s a hands-on growth and development. This can distribute these through teaching approach that combines help promote the ability to build community organizations. Did You Know? meaningful service to the positive relationships with others. • Middle school students community with classroom studies. For students with disabilities, this enhance their reading and Through service learning, students can be a key factor for developing writing skills and learn the address community needs, while meaningful, long-lasting friendships importance of literacy for strengthening their academic skills and for exploring enduring young children by developing and performance. recreational and leisure interests. storybooks for preschool Around the country, service Because service learning helps children. As part of the learning is being used effectively teach students about the roles curriculum, students make with students of all ages and from they can play in their communities, bound volumes with specially a variety of backgrounds. Since it also encourages lifelong civic designed book covers. service learning accommodates participation. Service learning They spend time reading many different learning styles, it helps students demonstrate, not the storybooks with the also is being used successfully only what they know, but also preschoolers. with students of varying levels what they are able to do. This • As part of their science of ability, including students with helps students build a sense of curriculum, junior high school disabilities. The positive aspects competency and of empowerment. students take water samples offered by service learning are For students with disabilities, this from their local waterways. significant for all learners. These can help them develop important They analyze the amount and can be even more so for students self-determination and advocacy nature of pollutants in the water with disabilities. skills. This can strengthen and look for the source of that Because service learning their abilities to become active pollution. They write letters to encourages students to become contributors to their communities, their local government to raise active participants in their rather than passive recipients. city officials’ awareness of the education, it helps build stronger With the current national problem and to request that academic skills. Because student atmosphere of service, prompted they take appropriate action. service is designed around in part by President Obama’s • High school students who are meeting curriculum objectives, national service agenda, schools studying a foreign language students apply what they learn and communities across the create English vocabulary in school to the real world. For country are using service learning books for students in English students with disabilities, this as a powerful way to promote as a Second Language can be especially important and excellence in education and to programs, in order to help their meaningful. impact positive community change. community’s growing Spanish- Through service learning, students Service learning can make a speaking population learn are able to master subject matter difference for diverse students and English. for distinct communities. and material, while fostering their • University students studying civic responsibility. By learning Here are a few examples of business administration civic responsibility, students service learning: investigate ways to support are able to develop meaningful • Elementary school children struggling local non-profit leadership and workforce skills. study the consequences of organizations during difficult For students with disabilities, these natural disasters. They design economic times. The students types of skills can be particularly a kit for families to use to hone their public relations critical when they transition from collect their important papers skills, while providing a high school to adult community life. when evacuating, including wide variety of services with By relating academic activities a checklist, tips about pets, community partners, including to real-life experiences, service and other advice for making a developing press kits and learning contributes to and difficult situation less stressful managing event coordination.

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An Interview with OCDD Assistant Secretary Kathy Kliebert Overview of Changes in the OCDD System

Unfortunately, a lot of inaccurate information is Louisiana ranks third highest in the usage of large circulating around the state regarding several ICFs/DD although compelling literature shows that proposed changes to the state’s system responsible outcomes are better in smaller facilities, and even for serving people with developmental disabilities that better in the community. The budget redirects state are included in the Executive Budget, now House Bill government resources to building community capacity 1. This misinformation makes change even more in a manner consistent with consumer choice, difficult for the individuals and families who are going evidence-based practices and national trends. through a period of transition. To ensure that accurate information is available to all those interested in Why was Northeast Supports and Services these changes, the TriAngle interviewed the Office Center in Ruston selected for consolidation with for Citizens with Developmental Disabilities (OCDD) Northwest Supports and Services Center? Assistant Secretary Kathy Kliebert. When we looked at our centers, Northeast had abuse/ neglect issues and clinical staff shortages that we The changes include the closure of Northeast haven’t been able to successfully resolve. There Supports and Services Center in Ruston and the were also ongoing management issues that could be transition of individuals with low support needs in the addressed through the consolidation with Northwest. remaining centers to community-based services – proposals community advocates have long advocated Where will the Northeast residents be moved and to implement. OCDD reports that all individuals what level of supports will be provided for them? moving to the community will go through an individual We will individually assess each person to determine assessment and planning process where appropriate if their level of need requires the supports provided choices will be discussed. The complete interview by a supports and services center. Those that do will with Ms. Kliebert is included below. transition to Northwest or Pinecrest, depending on which center can best meet their needs. We will also How would you characterize the proposed take into consideration where their families reside. changes in OCDD’s budget? Those individuals who pose a risk to themselves The budget meets the needs of individuals with or others will receive the necessary supervision in developmental disabilities in a manner that is cost the supports and services center. The remaining effective and efficient by accessing less costly residents will receive the supports they need to live privately operated community services as an successfully in the community. alternative to institutional services. Louisiana ranks eighth best in the Individuals with the three lowest levels nation in overall fiscal effort related of support needs in all the supports to spending for individuals with and services centers will transition to developmental disabilities; however, community based services. Please the state is not spending these explain the process OCDD is using to dollars in the most efficient, nor the assist individuals and their families in least restrictive manner. Louisiana choosing the community services that ranks first in fiscal effort directed best meet their needs. towards institutions – spending As a starting point, residents will be 38 percent of its expenditures assessed using the Support Intensity on institutionalization of people Scale (SIS) to identify those individuals with developmental disabilities who don’t need the level of supports compared to the national average provided in a supports and services of 19 percent. Louisiana has more center. We will involve the individual and individuals in ICFs/DD per capita Kathy Kliebert their family in exploring available options than any other state, almost four times – waiver services and private community the national average. Furthermore, homes. (Continued on page 11)

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(Continued from page 10) Will your office follow residents once they move working with them and their families to transition them into the community to ensure they receive quality to a less costly and more appropriate community- services? based setting. Yes. Once the individual moves our staff makes quarterly visits and provides transition support and Acadiana Supports and Services Center in Iota technical assistance to the private provider for one will be privatized, not closed. Please explain the year. This transition support team is in place to not process that will be used to ensure the residents only ensure the health and safety of the individual will receive the same level of care they are but also their quality of life. All of these processes currently receiving. were used successfully in the downsizing/closure of Our office will utilize a Request for Proposals Metropolitan Developmental Center in the Greater process to obtain a private provider that will meet New Orleans area. the department’s requirements for quality, health and safety. We will work with the parents’ association to Moving individuals out of the state’s institutional ensure that the provider will meet their expectations settings into the community is not new to to assure their family member continues to receive Louisiana – your office has been downsizing high quality supports. As part of the contract process its centers for many years and has already we will include monitoring of individual outcomes and successfully closed two centers. Based on your selected quality indicators. past experience, do you have any doubt that the individuals who will move can be better served in In response to budget cuts in January 2010, OCDD the community? privatized all of the state’s community homes for Absolutely not. We have tracked individuals after people with developmental disabilities. Is that they have left our institutions and in most cases they working out as well as you had anticipated? have increased their satisfaction. Community-based Yes, it’s working well. We are on target to transition settings not only allow residents more options for the majority of people by April 30th. individualized care, but also allow them to interact more frequently with family and friends and others in How many of those people have chosen waiver the community. services and how many ICF/DD beds have been abolished? OCDD is currently implementing the Resource Twenty-five people to date have chosen waiver Allocation Model in the New Opportunities services and 92 ICF/DD beds will be abolished. Waiver, which allocates services according to an individual’s assessed level of need. In many Is there anything else you would like to add? cases, waiver recipients’ service hours are being This budget will assist in the sustainability of services reduced to accurately reflect their levels of need. for people with developmental disabilities and Is the transition of the center residents to the includes opportunities that will increase the quality of community an indication of the department’s life for those citizens. policy to implement resource allocation fairly across all settings? Yes, we will be using the same instrument and the same process in our supports and services centers to determine the level of need of the residents and

This public document was published by the Advocacy Center, the Louisiana Developmental Disabilities Council and LSU s Human Development Center at a total cost of approximately $5,368.50 for printing and mailing. For this edition, 3000 copies of this public document, including reprints, were published. This document was published to inform the public of issues relating to persons with disabilities under authority of Louisiana Revised Statutes 28:752 and Public Law 106-402. This material was printed in accordance with the standards for printing by state agencies established pursuant to R.S. 43:31 (B) 1.

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House Passes Legislation to Keep Students Safe On March 3, 2010, the US House of Representatives passed the Keeping All Students Safe Act, H.R. 4247. The legislation would: • Allow physical restraint or locked seclusion only when there is imminent danger of injury, and only when imposed by trained staff; • Prohibit the use of any mechanical restraint; • Prohibit chemical restraint, meaning medications used to control behavior that are not administered consistent with a physician’s prescription; • Prohibit any restraint that restricts breathing; • Prohibit aversive behavioral interventions that compromise health and safety; • Prohibit schools from including restraint or seclusion as planned interventions in students’ education plans, including Individualized Education Programs (IEPs); • Require schools to notify parents after incidents when restraint or seclusion was used; • Require states to have policies, procedures, monitoring and enforcement systems in place to meet the minimum standards within two years of the establishment of federal standards; • Improve the culture and climate of the schools by providing grants to states to help provide professional development, training and positive behavior support programs; • Encourage schools to have procedures established in school safety plans to keep both students and personnel safe when student behavior poses an imminent danger; • Make data about restraint and seclusion publicly available, including data on the number of incidents, injuries, cases of death, and cases involving untrained staff; and • Provide the Secretary of Education the authority to withhold federal funds from states who do not establish policies and procedures consistent with the minimum standards. “It’s time to end this nightmare of abuse that has hurt too many students, classmates, families and school communities,” said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. “This bill simply says that every child, in every school, in every state deserves the same basic level of protections that they currently receive in hospitals.” The bill is currently pending in the Senate.

Important Information 2010 Legislative Session Convened on Monday, March 29, 2010 Final Adjournment no later than 6:00 pm on Monday, June 21, 2010 How do I get information on a bill on the legislative website? There are several places to get information on legislation from the Louisiana Legislature via their website, http://www.legis.state.la.us/. First, scroll down to the section labeled “Bill Search.” Next, select the session in which you are interested. Select from one of the five ways to retrieve a bill: 1. by a specific instrument; 2. by the author’s name; 3. by a range of instruments (for example, House Bills starting with HB 22); 4. by the committee that a bill has been referred; or 5. by a text search of the entire instrument database. REMEMBER, you must first select a session before you can continue with your search. Once you have retrieved a specific bill, you have several choices available to you: 1. view the CURRENT VERSION of the bill; 2. view a list of ALL VERSIONS of the bill; 3. view a list of all of the AMENDMENTS on the bill; 4. view the DIGEST which is a short explanation of the bill; 5. view the VOTES on all actions of the bill; or 6. view the HISTORY which shows you everything from the introduction to the final action taken on the bill.

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To Endorse Or Not to Endorse: That is the Question Currently, one of the hot topics around the state is the issue of how to identify those teachers who have advanced training in the area of Autism Spectrum Disorders (ASD). This topic is currently being addressed by a subcommittee of the Louisiana State Autism Team, and in larger group discussion. The question needing to be answered is whether or not a state supported endorsement indicating that a teacher has advanced training in the area of ASD would be beneficial for schools and families who have students identified on the spectrum. In these localized discussions, several benefits and concerns have been identified. We present those to you here, in an effort to expand the conversation around this topic.

Several benefits to having an ASD endorsement have been noted. First, students with ASD have difficulty in the areas of (a) communication, (b) stereotypical or repetitive behaviors, and (c) social interaction skills. Teachers trained in these specific areas should be able to positively impact student growth and performance. Second, when hiring new teachers to provide services, administrators would be able to recognize those teachers who have advanced training in the area of ASD. Third, families also would be able to recognize whether or not teachers providing services to their children specifically have been trained in the area of ASD.

Several concerns about creating an endorsement for teachers who provide services to students with ASD also have been noted. First, creating a credentialing system for ASD specifically could lead to more special classrooms for students with ASD. In the case of Corey H. v Illinois State Board of Education, the state was court-ordered to redesign all teacher certification to reflect generic certification as opposed to disability- specific certificates. This was done in an effort to reduce segregated placements (students being placed into classrooms with teachers certified in their specific disability) and increase student placement in the least restrictive environment. Louisiana already has in place a generic certification system. This is to ensure that teachers are trained in multiple methods and techniques that work with many types of students. Some feel that adding a disability-specific endorsement to teacher’s certification might increase segregated placements. A second concern noted is, given the range of students identified as having Autism Spectrum Disorders, advanced training may not necessarily prepare a teacher to adequately address that range. Our generic system allows teachers to focus on students who have mild to significant disabilities. It has been proposed that advanced training within those areas may be best for teachers who serve students with ASD. Third, an endorsement in the area of ASD may contribute to the medical model special education has tried to escape since its inception. A medical model tries to identify what is “wrong” with the child and tries to “diagnose” something that will “fix” the problem. It employs special treatments as a way to cure the patient. Although many special treatments currently exist for individuals with ASD, few have evidence to support their use. Special treatments may also lead to increased segregation (e.g., segregated sensory playgrounds).

Many students who have ASD vastly improve their quality of life through evidence-based instructional practices and experiences. There is no doubt that those educational practices and experiences should be implemented by qualified educators and teams of service providers. What is not clear however, is what measure will indicate qualified within the state of Louisiana in the area of ASD.

If you have comments or questions you would like to share with the State Autism Team about this or other matters, please address them to Robyn Hargrave at: [email protected].

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Louisiana Low Incidence Disabilities Consortium (LA-LIDC): Increasing the Availability of Specialized Teachers Steps Forward Some students experience disabilities that impact in Louisiana that provide the programs necessary their ability to learn and participate fully in their for certification in the area of visual impairment, Steps Backward educational program. These students qualify for University of New Orleans and Louisiana Tech. Only special education services. In general, there are two University of New Orleans provides certification broad categories of special education disabilities: programs in the areas of deaf/hard of hearing (a) high incidence and (b) low incidence. and significant disabilities. As a result, unless a teacher lives in proximity of a university that offers High incidence disabilities occur at a relatively high a certification program or receives significant frequency within the overall population of students support from his/her school district, challenges who receive special education services while associated with travel further complicate matters. low incidence disabilities occur at a relatively low frequency within this population. Examples of high In recognition of these problems, the Louisiana incidence disabilities include: learning disabilities; Department of Education provided funding in 2007 mild cognitive disabilities; and behavior disorders. to a coalition of universities to create innovative Examples of low incidence disabilities include: autism; ways to provide “real-time” web-based course work visual impairment; deaf/hard of hearing; deaf/blind, leading to certification in various low incidence multiple disabilities; and severe/profound cognitive disability categories. Figure 2 shows the number challenges. Figure 1 shows the number of Louisiana of enrollees in web-based classes offered through students with various low incidence disabilities the coalition by low incidence disability category. during the 2007–08 school year (LDE, 2008). Visual Impairment; 473

!u#sm; 2652

Significant Disability; 4317

Deaf Hard of Hearing; 1225 Deaf Blind; 6

Figure 1: Louisiana Students with Low Figure 2: LA-LIDC Course Enrollees by Incidence Disabilities (2007-2008) Low Incidence certification area In Louisiana, there is a shortage of special The Louisiana Low Incidence Disability Consortium education teachers certified in the various low clearly has not eliminated the shortage of certified incidence disability categories. As a result, teachers for students with low incidence disabilities. students with low incidence disabilities often However, it is encouraging that web-based courses receive their education in schools that do not leading to certification offered by the LA-LIDC had have a special education teacher certified to more than 500 participants. Ongoing leadership teach students with their particular disabilities. and commitment of the Louisiana Department of Education, innovation by teacher training programs, There are many reasons why this problem exists, and full participation of local school districts will not least of which is the fact that, in many schools, be required to ensure that all students have the number of students with a particular type of low teachers certified in their primary areas of disability. incidence disability is very small or, in some years, For more information, visit www.lalidc.org. zero. In addition, there are only two universities

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Steps Forward Steps Backward For more than twenty years, the Advocacy Center, Burger King has been running a new television Developmental Disabilities Council and Human Devel- commercial that shows “The King” on a rampage, opment Center have encouraged legislators and state chased by men in white coats, restrained and officials to give people with developmental disabilities a taken away, while being called “crazy” and “in- choice in where they live. Finally, the state is poised to sane.” It’s the kind of stereotype and language make this happen. The Governor’s 2010-2011 budget that perpetuates stigma, reinforcing perceptions for the Office for Citizens with Developmental Disabili- that associate violence with mental illness. This ties consolidates, privatizes and downsizes LA’s devel- type of commercial is a step backward in the fight opmental centers. This shift in the delivery of services to challenge stereotypes, fight discrimination and for people with developmental disabilities is a gigantic educate the public about the reality of life with a step in the right direction. mental illness. *From www.NAMI.org

Help in Shelters After a Disaster The Emergency Management Disability and Aging Coalition is offering a series of trainings across After a disaster, the state to teach volunteers to help you can assist in people with disabilities and the elderly so many ways. in emergency shelters. With your help, an already difficult The first training is scheduled for May experience can be a 15th, 2010 from 9:00 am to 2:00 pm little less stressful. in New Orleans. To register or get information about future trainings, FEMA photo – Liz Roll call 1-800-960-7705, ext. 130 or visit www.advocacyla.org.

Save Money and Your Environment Go Green Today! Dollars not spent on printing and postage can be spent by your DD Network promoting the self determination, indepen- dence, productivity, integration, and inclusion of people with disabilities. And… we can save our environment too!

Please Go Green and sign up to receive the TriAngle elec- tronically today. Simply complete the information at: http:// www.laddc.org/main/?page_id=51#signup.

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t t t t t t t t t t Prsrt Std U.S. Postage PAID Baton Rouge, LA P.O. Box 3455 Permit No. 178 Baton Rouge, LA 70821-3455

Address Service Requested

Join Fellow Advocates on the Capitol Steps 2010 Disability Rights Rally State Capitol in Baton Rouge April 28th 1:00 – 1:30

The 2009 Rally was a huge success with approximately 1,000 people participating. Be a part of history and help us break that record!

Let your legislators know that you will be attending and plan to meet with them while you are at the Capitol.

Keynote Speaker: Jim Comstock- Gallagan, Executive Director and Senior Attorney, Southern Disability Law Center

For more information contact your local Families Helping Families or the DD Council at 1-800-450-8108

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