Disability Program Challenges: Myth vs. Reality

1
Disability Program Challenges Myth vs. Reality

• Job Corps Leadership Equal Opportunity Workshop
• April 6, 2005
• San Francisco, California

2
True or False?

• Accommodations water down Job Corps courses or
  program requirements
• Accommodations are special treatment and give a
  student with a disability an unfair advantage
  over another student
• In 2002 average accommodation cost per Job Corps
  student was 250
• Accommodations allow for unsafe youth to be in
  Job Corps
• It is easier to accept all applicants than to
  implement disability accommodation process

3
True or False?

• In order for the disability accommodation process
  to be fully implemented, the regional office,
  contractors, outreach and admissions (OA), and
  center directors must understand and support the
  process
• There are youth with severe depression or youth
  with a history of drugs and alcoholism who are
  judged not on the basis of their abilities, but
  rather upon stereotypes and fears that center
  staff may associate with their conditions
• Accommodation philosophySay NO when we can and
  YES only when we have to

4
Challenges of Disability Program

• Applicants which may cause concern
• Drug and alcohol abuse history
• Low IQ Mental retardation
• Learning disabilities
• Learning difficulty vs. learning disability
• Chronic psychiatric history
• Multiple hospitalizations
• Recent hospital discharge
• History of suicide attempts
• Non-compliance with medication

5
Focus Areas

• Case management focus
• Staff involvement
• Psychotropic medication
• Other issues

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Recommendations for Denial and Separations

• Reasonable accommodation (PRH)
• Denials only for
• Undue hardship
• Fundamental alteration
• Center must take any action that would not result
  in hardship or alteration but would permit
  applicant to participate in program
• Cannot deny admission solely on need to provide
  reasonable accommodation
• Disability (PRH)
• Cannot be denied for safety reasons unless
  his/her disability is determined to pose a
  direct threat to the health or safety of others
  or the student
• MUST INCLUDE CURRENT ASSESSMENT OF STABILITY,
  SAFETY, AND/OR RISK
• NO DENIALS BASED SOLELY ON DIAGNOSIS, HISTORY,
  FEELINGS, BELIEFS, OR STEREOTYPES

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Scenarios

• Two types of scenarios
• Admission
• Separation
• Questions to consider
• Would you recommend acceptance or denial for this
  applicant? Why?
• What types of accommodations might be helpful for
  this applicant or could have been explored?
• Are there any possible civil rights issues?

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Scenario

• Brittany Spears, age 19, is requesting admission
  to Job Corps, she provides the following
  information to the admissions counselor (AC)
• History of depression, currently in treatment
  with a community psychologist
• Hospitalized 3 months ago for suicidal behavior
• Letter from the psychologist stating that she is
  stable to join Job Corps, but needs to continue
  medications and therapy
• Not requesting any accommodations
• Center Process
• The center IDT received the applicants file and
  due to the mental health history the CMHC
  reviewed the file. The CMHC recommended a denial
  due to the recent hospitalization and the need
  for continued therapy
• The file was forwarded to the Regional Office
• Regional Process
• RMHC reviewed the file and indicated that
  admission should be delayed until therapy could
  be completed
• Applicants admission to Job Corps was
  disapproved until treatment could be completed
• Notification given to applicant by AC

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Scenario

• You have just determined that Jane Doe, 28, a
  wheelchair user, is eligible for Job Corps (she
  requested a waiver of the upper age limit because
  of a disability) and selected the center nearest
  to her home for assignment. As you complete the
  ETA 6-53, she informs you that she
• Is paralyzed from the waist down
• Takes insulin and is worried about how she will
  store it on center
• Gets disability checks
• Goes to county clinic
• Wants to live in the dorms
• What would the AC do next?

10
Scenario

• Michael Jackson, age 20, is requesting admission
  to Job Corps,
• he provides the following information to the AC
• Diagnosed with schizophrenia and over the past
  year has been stable and able to manage his own
  medications
• Recent evaluation from therapist to support entry
  to Job Corps. Evaluation indicates that Michael
  will need to remain on medication, consider low
  stress trade, and have access to mental health
  support
• Michael was an A/B student in high school and
  actually took some advanced courses
• Center Process
• The center IDT received the applicants file and
  due to the mental health history arranged for the
  applicant to meet CMHC for a face to face
  interview
• CMHCs evaluation indicated that while the
  applicant was not actively psychotic, he did not
  feel the applicant could function in Job Corps
  due to his severe diagnosis, the negative
  symptoms associated with the diagnosis (flat
  affect and mood), and the risk for future
  decompensation
• The file was forwarded to the Regional Office
• Regional Process
• What happens nowaccept or deny?

11
Scenario

• Janet Mars, age 28, is requesting an age waiver
  to participate in a Job Corps program in Kentucky
  stating that she has a disability. Janet is a
  resident of Maryland. The age waiver was granted
  conditionally in CIS by the regional office.
• Janet provides the following information to the
  AC
• Methadone maintenance for prior drug use
• Physician letter stating that she is progressing
  and her methadone dosage has decreased during the
  past year
• Requesting clerical trade
• Applicant's mother will obtain the methadone from
  the physician and mail it to the center each month

12
Scenario

• Jennifer Lopez, age 20, arrived on center with a
  file that indicated she had no health problems.
  After arrival Jennifer told the wellness staff
  that she had a state certificate that allowed her
  to use medical marijuana. She used the marijuana
  on weekends to eliminate the nausea caused by a
  psychotropic medication she took daily.
• What are the next steps for the center?

13
Scenario

• John,17, applied to Job Corps in February. He
  tells the AC that he was in special classes in
  school and thinks he can be successful in Job
  Corps with some extra help in the classroom and
  with reading.
• Admissions Counselor Process
• The AC contacted the school system to obtain an
  IEP and transcript and forwarded this
  information with the file to the center.
• Center Process
• The center reviewed the IEP and transcript, and
  then requested further information from the
  students school and school psychologist.
• The information was received and indicated that
  extra instructional time and reading material to
  the applicant had been provided in the past.
• The center did not accept the application and in
  July sent it to the region for final
  determination.
• What should the region do?

14
Scenario

• Student John Travolta has been on the center
  doing well for 9 months
• Previous diagnosis of organic brain disorder
  (which may lead to outbursts)
• Began having mild seizures and was taken out of
  his trade until seizures could be controlled, he
  was not happy, felt staff were taking too long to
  get him back into trade, became belligerent with
  staff and in meeting with center director became
  verbally aggressive and knocked over a chair.
• Due to previous psychiatric history referred to
  the CMHC for evaluation, diagnosed as
  intermittent explosive disorder, medical
  separation recommended
• Sued Job Corps for wrongful separation due to
  disability

15
Scenario

• George Bush, age 56, requested an age waiver, due
  to a disability, to participate in Job Corps, the
  waiver was conditionally granted by the regional
  office
• Stated that his disability was based on an injury
  and provided medical documentation that was two
  years old and a statement indicating social
  security disability payment
• Center Process
• Disability coordinator requested that the
  applicant provide current information regarding
  his disability
• During the telephone contact the applicant stated
  a wish to live on the center in a trailer and was
  informed that this was not possible
• The applicant sent a medical statement from a
  physician that did not indicate any evidence of
  disability
• A social security statement listed the disability
  status as being temporary three years ago
• The applicant provided no further updated
  information

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What Can Leadership Do?

• Center
• Support the disability coordinator and EO officer
  in developing a center-wide culture of inclusion
  (and reinforce through continuous training)
• Develop center policy for file review process
• Require center log to monitor file processing
  time/activities (e.g., date file is logged on
  center and location of file on center)
• Have health and wellness manager or designee
  review all applicant files, if possible
• Require appropriate staff to contact all students
  with health/disability issues before arrival
• When possible, require that accommodations be in
  place before student arrives on center

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What Can Leadership Do?

• Region
• Develop regional tracking/audit system to monitor
  center file processing time
• Develop regional policy for file review process
  or review/approve center policies
• Monitor centers/contractors for compliance and
  implementation of EO-related activities (e.g.,
  center disability program, OA practices)

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What Can Leadership Do?

• OA
• Require center and OA logs to monitor file
  processing time/activities (e.g., date process
  begins/entry into OASIS, date file is sent to
  center, date file is logged on center, number of
  days file takes to process on center, location of
  file on center)
• Ensure all applicants receive and understand EO
  information, including reasonable accommodation
  request form
• Work with center staff to obtain appropriate
  information before file is sent to center
• Encourage applicants to share health/disability
  during the admissions process
• Promising practices to share?

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Technical Resources

• Job Corps Disability Website
• Disability Coordinator Orientation
• Video Team Approach to Accommodating Students
  with Disabilities in Job Corps
• Promising Practices
• Training materials on various topics
• Links to outside resources

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Staff Resources

• Regional Health Consultants
• Humanitas, Michelle Daymichelle.day_at_humanitas.com
  301-608-3290 ext 205
• National Office, Barbara Grovegrove.barbara_at_dol.g
  ov 202-693-3116