If you need help in establishing a better relationship with any rehabilitation agency, CAP provides the following services:

• Provides information about services available through rehabilitation agencies.
• Advises you about your rights and responsibilities as an applicant/client of these agencies.
• Facilitates improved communication between you and your counselor.
• Assists in resolving disagreements through mediation and negotiation.
• Offers individual advocacy services including assistance with administrative and legal proceedings.
• CAP does not cover every type of program that provides services to people who have disabilities. Some of the programs that CAP does not cover are Medicaid, Medicare, Social Security, Special Education, and Fair Housing. Even if it does not cover a program, CAP may be able to give you information about other programs.

No. To receive VR services, you must meet the following eligibility criteria. You must:

• Have a physical or mental disability which results in a substantial impediment to employment;
• Be able to benefit, in terms of an employment outcome, from VR services;
• Require VR services to prepare for, enter into, engage in, or retain gainful employment.

Federal law specifies these eligibility criteria. The decision about your eligibility for services is based on information the counselor gets from you directly, along with information provided by physicians who have treated you, and former employers. Sometimes additional diagnostic tests and assessment services are needed.

Your financial resources will not be considered when determining your eligibility. However, if you are found to be eligible, payment for some services may be based on your financial need.

If DVR does not have sufficient resources to serve all eligible persons who apply, the agency will use an Order of Selection to determine who will receive services. Federal regulations require the Order of Selection to give priority to persons with the most severe disabilities. This means that a waiting list may be created for persons with non-severe disabilities. If you have other questions your counselor can provide more information about the Order of Selection.

Olmstead v. L.C. (Olmstead) is a United States Supreme Court case decided June 22, 1999, and addressed the specific question of whether the anti-discrimination provisions of Title II of the Americans with Disabilities Act (ADA) require placement of persons with mental disabilities in community settings rather than institutions. The Court held that the answer is a "qualified yes." Such action is in order when:

• The State's treatment professionals have determined that community placement is appropriate;
• The transfer from institutional care to a less-restrictive setting is not opposed by the affected individual; and
• The placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities.

Olmstead involved two clients at a Georgia State hospital, both with multiple disabilities, who had been institutionalized numerous times. Their treatment professionals had determined that community placement was justified, but appropriate placement was not available. The Court analyzed whether unjustified segregation of persons with disabilities violates Title II of the Americans with Disabilities Act (ADA), which prohibits discrimination on the basis of a disability by public entities. A "public entity" is any state or local government, and any department, agency, or special purpose district. Implementing regulations require that public entities administer their services, programs and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities (Integration Regulation), and the Reasonable Modification Regulation requires public entities to make reasonable modifications in polices, practices and procedures to avoid discrimination unless it can demonstrate that such a modification would fundamentally alter the nature of their services. While the Supreme Court held that unjustified isolation is properly regarded as discrimination on the basis of a disability, the State's obligation is not limitless. If the State demonstrates that it has:

• A comprehensive, effectively working plan for placing qualified persons with disabilities in less-restrictive settings; and
• A waiting list that moves at a reasonable pace not controlled by the State's endeavors to keep its institutions fully populated,
• then it has complied with the reasonable modifications standard, and a client cannot skip to the top of the placement list by filing a lawsuit.

Olmstead has, in effect, established a new civil right for persons with disabilities: the right to live in the most integrated setting appropriate to the wishes and needs of the individual.

The U.S. Department of Health and Human Services, Office for Civil Rights is responsible for investigating complaints under Title II of the ADA and its implementing regulation (28 CFR 35.130 (d)), better known as the integration mandate. As part of these efforts, OCR is seeking to identify individuals who should be living in more integrated settings, but for the state's failure to provide appropriate community services, and to assist these individuals to file integration mandate complaints with OCR. OCR has authority to conduct compliance reviews with state programs and is prepared to contact states to discuss all complaints received. OCR hopes to resolve complaints through cooperation with all interested parties. The process usually involves an OCR investigation and if discrimination is found, negotiations with the state to voluntarily correct the discrimination. If negotiations are unsuccessful, enforcement proceedings may be instituted.

How to file an ADA integration mandate complaint with the Office of Civil Rights:

Indicate that the state is failing to provide the following individual(s) with appropriate home and community based services, resulting in institutionalization, (or risk of) in violation of his or her right under the ADA and its implementing regulation (28 CFR 35.130(d) to live in the most integrated setting appropriate.

Include the following information about the injured party(s):

• name(s);
• address(s);
• phone number(s) with area code;
• age(s)
• type(s) of disability;
• type of facility, the individual(s) resides in, (e.g. psychiatric hospital, nursing home, ICF MR/DD, personal care home, jail, homeless shelter);
• If the injured party has a representative, indicate whether OCR should send copies of all future correspondence to that person. Also, identify the person from whom OCR can obtain more information regarding this person.
• If you file a complaint on someone else's behalf include: your name, address, telephone number, and a statement of your relationship to that person (e.g. family member, attorney, advocate, friend, etc.). The signature of the injured party or his or her guardian is not necessary, but you should obtain it if you can.

Explain why you think the individual's situation is appropriate for community services, and identify any other qualified individuals who believe this person's situation is appropriate for community services (e.g. treating physicians or professionals, family members, facility staff etc.). Provide documentation if available.

Send the complaint to: Sheila Foran, Special Assistant to the Director, The Department of Health and Human Services, Office for Civil Rights, Room 509 F, 200 Independence Avenue, SW, Washington, D.C. 20201. The National office will forward the complaint to the appropriate regional office.

Upon receipt of your complaint, OCR staff will review it to determine coverage under Title II of the ADA. If your complaint raises covered issues, an investigation will be initiated. If discrimination is found, OCR will negotiate with the state to voluntarily correct the discrimination. If negotiations are unsuccessful, enforcement proceedings may be instituted.

One (1) handicapped accessible space for every twenty-five (25) parking spaces.

First you get the appropriate form from any Tag Agent, the Department of Public Safety or the Office of Disability Concerns, then you must get a doctor to complete the statement, then you may apply either in person or by mail at the Department of Public Safety. There is a $1.00 processing fee. Permanent placards must be renewed every 5 years.

Community Action agencies exist in many cities and towns across Oklahoma, some have limited funds, to assist with utilities. The Salvation Army will also help once per year with utility assistance. The Department of Human Services Low-Income Home Energy Assistance Program (LIHEAP) will help low-income families with heating once a year in the winter. Contact your utility when you first see that you are unable to pay a bill. Don't wait until you have a cutoff notice. Usually they will work with you if you agree to pay a certain amount per month until the bill is paid.

Period to apply for LIHEAP generally begins in early December and continues as funds are available. Call 405-521-3444 or 1-866-411-1877 for more information. Apply at your local OKDHS office. You must have your current heating bill and proof of income.

Community Action agencies are located across Oklahoma. Sometimes one agency may serve more than one county. These agencies will usually assist in getting a ramp built. Funds are limited. There are other private agencies that also can assist. Call the Office of Disability Concerns to check for your local area.

Passed by the Oklahoma State Legislature, House Bill 1340 became effective July 1, 1987. It gives state agencies the option of waiving entrance examinations and modifying other hiring procedures for legal residents of Oklahoma who are certified as persons with disabilities under the definition established by the Office of Personnel Management. The definition of "a person with a disability" established by the Office of Personnel Management is a person who has a severe physical or mental disability, which seriously limits one or more functional capacities (mobility, communication, self-care, self-direction, work tolerance, or work skills in terms of employability; and who has one or more physical or mental disabilities resulting from amputation, arthritis, blindness, cancer, cerebral palsy, cystic fibrosis, deafness, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculosketal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, specific learning disability, and end-stage renal disease or another disability or combination of disabilities determined on the basis of an evaluation of rehabilitation potential to cause comparable substantial functional limitation. The responsibility for certification of individuals as qualifying for the Special Optional Hiring Program for People with Disabilities under HB-1340 is the responsibility of Rehabilitation and Visual Services staff.

To apply for employment under this program, an individual must have been certified by a Vocational Rehabilitation Counselor or a Visual Services Counselor as being eligible; a counselor must issue a letter of certification that is presented to the Office of Personnel Management. There are 4 more steps to the process, which can be explained by staff at the Office of Personnel Management, or found at their web site http://www.opm.state.ok.us/

Rehabilitation and Visual Services Counselors serve every county in the state. To find out how to contact a counselor for your county or your zip code, call the Oklahoma Department of Rehabilitation Services at 1-800-487-4042 or for TTY l-800-845-8476 .

If DRS does not have sufficient resources to serve all eligible persons who apply, the agency is directed by Federal rules to create a list based on severity of disability and date of eligibility to determine the sequence when people will receive services. Federal regulations require this Order of Selection to give priority to persons with the most severe disabilities, so this list is separated into categories that in Oklahoma are called Priority Groups. Those in Priority Group 1 are those individuals having the most severe disabilities and will receive services first. A most severe disability is defined as a mental or physical disability resulting in serious limitations in three or more functional capacities and requiring multiple services over an extended period of time, while Groups 2 and 3 have fewer functional limitations and Group 4 are eligible individuals with disabilities not meeting the definition of individual with a severe disability. This means that a waiting list may be created for persons in one or more of these priority groups, and eligible people will receive services as their waiting list is opened. Your counselor can provide more information about what priority group you are in and when the Order of Selection for a specific priority group will receive services.

CAP is a federal program initiated under the Rehabilitation Act of 1973, as amended. The purpose of this program is to: (a) Advise and inform clients and client applicants of all services and benefits available to them through programs authorized under the Rehabilitation Act of 1973 (Act), as amended; (b) Assist and advocate for clients and client applicants in their relationships with projects, programs, and community rehabilitation programs providing services under the Act; and (c) Inform individuals with disabilities in the State, especially individuals with disabilities who have traditionally been unserved or underserved by vocational rehabilitation programs, of the services and benefits available to them under the Act and under title I of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101-12213. We are here to help people with disabilities who are involved with any of these federally funded rehabilitation programs:

• Division of Vocational Rehabilitation (DVR) and Division of Visual Services
• Services to the Deaf
• Independent Living Centers
• Tribe operated (section 121) Vocational Rehabilitation programs
• Projects with Industry.

CAP services are available to:

• Anyone seeking information, applying for services or receiving services from a rehabilitation program.
• Persons who are dissatisfied with the services they are receiving, or who have been denied services for which they might be eligible.
• Persons needing intervention or assistance in their relationships with projects, programs and facilities providing services to them under the Rehabilitation Act of 1973.

You have the right to:

• A fair and complete evaluation to determine eligibility.
• An eligibility determination within sixty days.
• Receive services in a reasonable amount of time.
• A personalized rehabilitation plan: the Individualized Plan for Employment (IPE).
• Be provided an appropriate form of communication to accommodate your disability.
• Appeal decisions with which you do not agree.

It is your responsibility to

• Stay fully involved in your rehabilitation process.
• Be sure you are informed about services that are available to you.
• Help set goals and write plans with your rehabilitation counselor.
• Follow through with your plan for rehabilitation.
• Ask questions when you do not understand information.
• Keep appointments and let your counselor know beforehand if you cannot keep the appointment.
• Know what you need... There is a difference between what you want and what you need. The first step in self-advocacy is to know what you need. It may help you to write a list of those needs. It is also important to know what an agency can, and cannot, do for you. Then, you will know how the agency may be able to help so you can set goals that are realistic to meet your needs.

Just call us on the phone and let us know if you, or someone you know, have been prevented from getting appropriate services, benefits, or treatment because of fear, discrimination, abuse, neglect, or lack of information about individual rights.

There is no charge for Client Assistance Program advocacy services. All activities of the CAP are conducted without regard to ability to pay, race, color, religion, sex, age, national origin, disability, or sexual orientation. The program is 100% federally funded by the Rehabilitation Services Administration, and is intended to monitor the rehabilitation service system. The Governor of Oklahoma has designated the Office of Disability Concerns as administrator of the Client Assistance Program.

Although people with a particular disability share common experiences, people also have individual circumstances and needs that are unique. Eligibility decisions and written rehabilitation plans must take into account both the common needs and the uniqueness of each individual. If you are open with your counselor in providing information about your life and disability, you and your counselor will be better able to write a rehabilitation plan that will meet your needs. The need for certain services may be overlooked if your counselor does not have complete or accurate information. Please remember: if a service is not listed in your plan, it cannot be provided. You must have a meeting with your counselor to amend your plan to add new services.

• Have a physical or mental disability which results in a substantial impediment to employment;
• Be able to benefit, in terms of an employment outcome, from VR services;
• Require VR services to prepare for, enter into, engage in, or retain gainful employment.

Federal law specifies these eligibility criteria. The decision about your eligibility for services is based on information the counselor gets from you directly, along with information provided by physicians who have treated you, and former employers. Sometimes additional diagnostic tests and assessment services are needed.

Your financial resources will not be considered when determining your eligibility. However, if you are found to be eligible, payment for some services may be based on your financial need.

If DVR does not have sufficient resources to serve all eligible persons who apply, the agency will use an Order of Selection to determine who will receive services. Federal regulations require the Order of Selection to give priority to persons with the most severe disabilities. This means that a waiting list may be created for persons with non-severe disabilities. If you have other questions your counselor can provide more information about the Order of Selection.

• There may be a waiting list with the contractor providing the service.
• The purchase of equipment may take longer than you expected due to bidding procedures required by Oklahoma law.
• Reports from service providers may be late in arriving.
• An Order of Selection or a waiting list may be established if there are limited financial resources.

All purchases must be listed on your Individualized Plan for Employment (IPE or plan). Your counselor must approve any purchase of equipment through an authorization process. Oklahoma law requires that most purchases go through the state bidding procedure. This procedure helps assure prudent use of financial resources.

The CAP staff is well informed about the service providers dealing with disability concerns throughout the state. If we do not know whom you should contact, we have the means to do research and find out for you.

Absolutely not. CAP is federally required to protect your rights and help you meet your responsibilities. Therefore, it is your legal right to contact CAP with any problem or concern you may have. The Rehabilitation Act requires CAP to conduct impartial investigations of problems or concerns, and to advocate for DVR clients or applicants.

No. All DVR staff recognizes the legitimacy of the CAP program. Counselors and clients should feel free to use CAP resources if necessary.

To file a discrimination complaint regarding employment discrimination you may file with the Equal Employment Opportunity Commission http://www.eeoc.gov/ or the Oklahoma Human Rights Commission http://www.hrc.state.ok.us . To file a complaint regarding physical access or program access you may file with the Department of Justice http://www.ada.gov/ . To file a discrimination complaint regarding housing you may file with Housing and Urban Development http://www.hud.gov/local/index.cfm?state=ok or the Metro Fair Housing Council (405) 232-3247. For discrimination relating to education you may file with the Federal Department of Education http://www.ed.gov/about/offices/list/ocr/docs/howto.html .

No. The placards are issued to the person and not to the vehicle.

No. Churches are exempt from the ADA regarding access.

Yes. The Oklahoma Tax Commission issues the handicapped car tags based upon a valid handicapped parking placard issued from the Oklahoma Department of Public Safety.

Yes. The alternative is that they may have a unisex bathroom which is accessible.

No. This is strictly a courtesy.

No. They must be accessible, however, this does not mean the door must be automatic. Most use the rule of 5 pounds of pressure to open the door.

No. They are only required to reasonably accommodate a child while at school.

No.

Most counties have a Mobile Meals program operated through the Aging Services Division, which can be located under Government in your telephone directory. Some programs serve individuals with disabilities under age 60 and some will not. Be prepared for a long waiting list.

Community Action agencies exist in many cities and towns across Oklahoma, some have limited funds, to assist with utilities. The Salvation Army will also help once per year with utility assistance. The Department of Human Services Low-Income Home Energy Assistance Program (LIHEAP) will help low-income families with heating once a year in the winter. Contact your utility when you first see that you are unable to pay a bill. Don't wait until you have a cutoff notice. Usually they will work with you if you agree to pay a certain amount per month until the bill is paid.

Period to apply for LIHEAP generally begins in early December and continues as funds are available. Call 405-521-3444 or 1-866-411-1877 for more information. Apply at your local OKDHS office. You must have your current heating bill and proof of income.

Community Action agencies are located across Oklahoma. Sometimes one agency may serve more than one county. These agencies will usually assist in getting a ramp built. Funds are limited. There are other private agencies that also can assist. Call the Office of Disability Concerns to check for your local area.

If you have access to the internet, the current newsletter may be accessed at the Office of Handicapped Concern's Public Information icon. If you would like to receive a copy of the newsletter, call our toll free number 800 522-8224 and ask to be put on the mailing list

OKDHS has a procedure to initiate a Fair Hearing. Ask for written information from your OKDHS worker regarding the policy and procedures for starting this process.

Medicaid has programs that pay some or all of Medicare's premiums and may also pay Medicare co-insurance deductibles and coinsurance for certain people who are entitled to Medicare and have a low income. You must have Medicare Hospital Insurance (Part A). If you are not sure if you have Part A, look on your Medicare card (red, white, and blue card). It will show "Hospital Insurance (Part A)" on the lower left corner of the card. You can also call your local Social Security Administration office, or call SSA at 1-800-772-1213. If you have Part A, your income is limited and your financial resources such as bank accounts, stocks, and bonds are not more than $4,000 for an individual, or $6,000 for a couple, you may qualify for assistance as a Qualified Medicare Beneficiary (QMB), Specified Low-Income Medicare Beneficiary (SLMB), or Qualifying Individual (QI). For more information about these programs, call your State, county, or local medical assistance office. Check your phone directory for the office nearest you. You can find these offices listed under Medicaid, Social Services, Medical Assistance, Public Assistance, Human Services, or Community Services. You may also call Medicare at 1-800-MEDICARE (1-800-633-4227) (TTY/TDD: 1-877-486-2048 for the hearing and speech impaired) to find the phone number in your area.

Passed by the Oklahoma State Legislature, House Bill 1340 became effective July 1, 1987. It gives state agencies the option of waiving entrance examinations and modifying other hiring procedures for legal residents of Oklahoma who are certified as persons with disabilities under the definition established by the Office of Personnel Management. The definition of "a person with a disability" established by the Office of Personnel Management is a person who has a severe physical or mental disability, which seriously limits one or more functional capacities (mobility, communication, self-care, self-direction, work tolerance, or work skills in terms of employability; and who has one or more physical or mental disabilities resulting from amputation, arthritis, blindness, cancer, cerebral palsy, cystic fibrosis, deafness, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculosketal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, specific learning disability, and end-stage renal disease or another disability or combination of disabilities determined on the basis of an evaluation of rehabilitation potential to cause comparable substantial functional limitation. The responsibility for certification of individuals as qualifying for the Special Optional Hiring Program for People with Disabilities under HB-1340 is the responsibility of Rehabilitation and Visual Services staff.

To apply for employment under this program, an individual must have been certified by a Vocational Rehabilitation Counselor or a Visual Services Counselor as being eligible; a counselor must issue a letter of certification that is presented to the Office of Personnel Management. There are 4 more steps to the process, which can be explained by staff at the Office of Personnel Management, or found at their web site http://www.opm.state.ok.us/

The Oklahoma Department of Rehabilitation Services provides a wide range of services to the clients of their counselors. The services received are based on an Individualized Plan of Employment, which implies that all clients won't receive the same services, but will receive services based on their need and their employment goals. Services may include: Medical and/or psychological assessments, Vocational evaluation, Counseling and career planning guidance, Employment services, Assistive Technology, Training, Diagnosis and treatment of physical and mental disabilities, Maintenance, Transportation, Instructional services, Self-employment programs, Personal assistance services, Transition School-to-Work, Supported employment, Post employment services and specialized programs. Most employment programs designed to serve people with disabilities require some type of certification of eligibility from a vocational rehabilitation counselor. Some programs require participants to have a vocational rehabilitation counselor.

Rehabilitation and Visual Services Counselors serve every county in the state. To find out how to contact a counselor for your county or your zip code, call the Oklahoma Department of Rehabilitation Services at 1-800-487-4042 or for TTY l-800-845-8476.

If you are a college graduate and have an interest in working in the public schools, more than likely you will need further education to become certified to work in special education programs. However, your education may qualify you to work as a substitute teacher in these programs or as a teacher's assistant. Sheltered Workshops, Supported Employment Programs, Group Homes and Community Mental Health Centers are all places that hire people who are interested in working with people with disabilities. If you do not have a college education, but you have experience as an Personal Care Attendant or a Habilitation Aide or a Nurse's Aide, there are many opportunities in Group Homes, Assisted Living facilities, Home Health Programs and Hospice Programs, as well as the above mentioned programs.

If DRS does not have sufficient resources to serve all eligible persons who apply, the agency is directed by Federal rules to create a list based on severity of disability and date of eligibility to determine the sequence when people will receive services. Federal regulations require this Order of Selection to give priority to persons with the most severe disabilities, so this list is separated into categories that in Oklahoma are called Priority Groups. Those in Priority Group 1 are those individuals having the most severe disabilities and will receive services first. A most severe disability is defined as a mental or physical disability resulting in serious limitations in three or more functional capacities and requiring multiple services over an extended period of time, while Groups 2 and 3 have fewer functional limitations. This means that a waiting list may be created for persons in one or more of these priority groups, and eligible people will receive services as their waiting list is opened. Your counselor can provide more information about what priority group you are in and when the Order of Selection for a specific priority group will receive services.