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Reasonable Accommodation and Disability 101
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Laura Kuhn Regional Disability Coordinator Laura Kuhn Regional Disability Coordinator 2
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Overview Reasonable Accommodation Accommodation or Case Management Disability Resources 3
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REASONABLE ACCOMMODATION What is it? 4
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What is Reasonable Accommodation? Any change to the environment or in the way things are customarily done, that gives a person with a disability an opportunity to participate in the application process, job, program or activity that is equal to the opportunity given to similarly situated people without disabilities. 5
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Reasonable Accommodation What Does it Involve? Reasonable Accommodation What Does it Involve? Modification or adjustment of the following: Job Work Academic Environment Policy, program, or procedure Providing appropriate service or product Any other action that removes barriers for the person with a disability 6
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Who Can Request Reasonable Accommodation? Applicant with a disability who requests accommodation to complete the admissions process accommodation to participate in the Job Corps program Student with a disability who requests accommodation to participate in the Job Corps program or in work site activities Applicant/student provides information indicating a disability is likely 7
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Examples of Job/Work Accommodations Physical Providing voice recognition software to enable a student to work on a computer Blind Providing alternative format (e.g. audio tapes or Braille) for a student that has a vision disability Hearing Providing assistive listening device to a student that has a hearing disability 8
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Examples of Changes to Policy/Procedure Student with: Diabetes LD ADHD Physical Seizure Disorder Schedule adjustment Extended time Test in private setting Elevator pass Bottom bunk 9
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Examples of Reasonable Accommodation 10 Providing appropriate service: Sign language interpreter for a student who is deaf Mobility coach for a student who is blind
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Sample Accommodation Plans 11
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Sample Accommodation Plans 12
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Sample Accommodation Plans 13
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Sample Accommodation Plans 14
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ACCOMMODATION OR CASE MANAGEMENT Practice Exercise 15
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Case Management or Accommodation Case Management Accommodation 16
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Case Management or Accommodation Program Instruction (08-26) Reasonable Accommodation, Case Management, and CIS Disability Data 17
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Let’s Practice! Which Ones are Accommodations? Meet with the Center Mental Health Consultant 2x a week Use of headphones Voice recognition software Pencil grips Use of a computer Medication Check in with Health & Wellness Center daily 18
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DISABILITY Laws, Definitions, and Considerations 19
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Disability Definition “A physical or mental impairment that substantially limits one or more of a person’s major life activities.” 20
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Notable Changes to Definition of or Identifying Disability 21 Mitigating Measures Major Life Activities Episodic or Remission Temporary Conditions Substantially Limits Determination
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Mitigating Measures For example, experiencing periods of stability due to the use of a medication does not preclude a person from being determined to be a person with a disability 22
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Major Life Activities An activity that is “of central importance to daily life”An activity that is “of central importance to daily life” Expanded to include major bodily functions Certain impairments will virtually always be found to result in substantial limitation in performing certain life activities Examples from the ADAAA regulations include deafness, blindness, intellectual disability, diabetes 23
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Episodic or Remission For example, experiencing periods of stability due to the use of a medication does not preclude a person from being determined to be a person with a disability 24
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Temporary Conditions For example, the individual may have a severe injury such as a broken back This must be determined on an individualized basis 25
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Substantially Limits An impairment does not need to prevent or severely or significantly restrict a major life activity to be considered “substantially limiting” not every impairment will constitute a disability 26
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Physical Impairments Neurological Special sense organs Cardiovascular Digestive Hemic and Lymphatic Endocrine Musculoskeletal Respiratory (including speech organs) Reproductive Genitourinary Skin 27
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Mental Impairments Any mental or psychological disorder, such as: Intellectual disabilities Organic brain syndrome Emotional or mental illness Specific learning disabilities 28
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Examples of Physical and Mental Disabilities Orthopedic Visual Speech Hearing Mental retardation Specific learning disabilities HIV Cerebral palsy Epilepsy Muscular dystrophy Multiple sclerosis Cancer Diabetes Emotional illness Drug addiction Alcoholism 29
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Examples of Impairments that ARE Always Substantially Limiting Deafness substantially limits hearing Blindness substantially limits seeing An intellectual disability substantially limits brain function Partially or completely missing limbs or mobility impairments requiring the use of a wheelchair substantially limit musculoskeletal function Autism substantially limits brain function Cancer substantially limits normal cell growth 30
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Examples of Impairments that ARE Always Substantially Limiting Cerebral palsy substantially limits brain function Diabetes substantially limits endocrine function Epilepsy substantially limits neurological function Human Immunodeficiency Virus (HIV) infection substantially limits immune function Multiple sclerosis substantially limits neurological function 31
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What is NOT Considered a Disability Homosexuality and bisexuality Normal pregnancy Environmental, cultural, and economic disadvantages (e.g. a prison record or a lack of education) Limited English proficiency/English as a second language (LEP/ELL) 32
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Disability Data Collection Job Corps is required to collect data on the number and types of participants with disabilities served by the program Centers are required to accurately enter the required data in the disability data collection icon in CIS as soon as possible after the student enters the program (PRH-6: 6.14, R5a) 33
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Disability Data Count or not Count? Does the student have a physical or mental impairment? What major life activity(ies) are impacted? Does the impairment substantially limit the student from performing the major life activity(ies) as compared to most people in the general population? If the impairment is episodic or in remission; would it be substantially limiting when it is active? How long are the effects of an impairment expected to last? If fewer than 6 months, how severe is the impairment? 34
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Disability Data Count or not Count? Is the impairment one that is considered virtually always substantially limiting? If the student is taking medication or using some other mitigating measure, what would his/her condition be like without the benefit of medication or other supports? what were the symptoms and the student’s condition prior to the benefit of medication or other supports? Is the use of a mitigating measure causing any limitations? 35
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Disability Data Count or not Count? Get past the definition of disability ‒ Do not spend a lot of time analyzing whether a student meets the definition of disability; the disability assessment should be done quickly and not demand extensive analysis. The disability data collection process is not an exact science, use your best judgment, be consistent, and be prepared to explain your rationale. 36
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JC Data Collection Drop-Down Boxes Cognitive ADHD/ADD Intellectual (MR) Learning Specific Learning Disabilities Dyscalculia Dyslexia Medical Chronic Asthma Diabetes Hypertension Drug/Alcohol Alcoholism Chemical Dependency Physical Cerebral Palsy Epilepsy/Seizure Head Injury Speech/Language Spectrum Disorder Asperger's Autism PDD/NOS Sensory Blind/Visually Impaired Color Blind Deaf/Hard of Hearing 37
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JC Data Collection Mental Health Drop-Down Boxes Anxiety Generalized Anxiety Disorder (GAD) Panic Disorder Post-Traumatic Stress Disorder (PTSD) Social Phobia Social Anxiety Disorder Eating Disorders Mood Disorders Major Depressive Dysthymic Disorder Bipolar Disorder Psychotic Schizophrenia Schizophreniform Schizoaffective Delusional Substance-Induced Psychotic Disorder 38
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JC Data Collection Mental Health Drop-Down Boxes Personality Antisocial Borderline Paranoid Narcissistic Histrionic Dependent Obsessive-Compulsive Disorder (OCD) Oppositional Defiant Disorder (ODD) Serious Emotional Disturbance 39
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RESOURCES Job Corps and Disability-related Organizations 40
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Reasonable Accommodation Required Staff Training Reasonable accommodation training for new staff within the 1st 90 days of employment and yearly thereafter. To meet this requirement, staff must complete the Supporting Students with Disabilities in the Job Corps Program training available in the Staff Instructional Management Online Network (SIMON), located in CITRIX. Certificates of completion should be maintained by Human Resource staff 41
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Regional Disability Coordinators Boston and Philadelphia Regions – Kristen Philbrook kristen.philbrook@humanitas.com Atlanta Region – Jasmin Merritt jasmin.merritt@humanitas.com Dallas Region – Laura Kuhn laura.kuhn@humanitas.com Chicago and San Francisco Regions – Kim Knodel kimberly.knodel@humanitas.com 42
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43 Job Corps Disability Website http://supportservices.jobcorps.gov
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44 JAN Web site http://askjan.org
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Reasonable Accommodation Brochure 45
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Talking about Reasonable Accommodation 46
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Disability Web Site Training Materials 47
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Questions? 48
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