Initiative ~ Executive Order ~ HHS Role ~ News & Additional Resources

Delivering on the Promise
Table of Contents

U.S. Department of Education
[Complete Report: HTML = 59K / PDF = 61K]
Overview ~ Public Input ~ Initiatives Underway ~ Self-Evaluation Results ~ Conclusion

Self-Evaluation to Promote
Community Living for People with Disabilities

Report to the President
on Executive Order 13217

IV. Results of the Self-Evaluation

Office of Special Education and Rehabilitative Services (OSERS)
Implementation of Community Living Alternatives
Independent Living Programs
Transition Services and Activities under the IDEA and the State VR Services Program
Protection and Advocacy Services
Parent Training and Information Programs
Assistive Technology Research and Access
Office of Vocational and Adult Education (OVAE)
The Office for Civil Rights (OCR)

ED conducted a self-evaluation of the laws, regulations and policies that relate to the programs and projects that it administers. The following are the results of that self-evaluation. It should be noted that ED program offices identified many issues that relate to societal barriers and barriers in programs and policies not under the purview of ED. Therefore, the following results relate to activities that ED offices can undertake to ensure that ED programs and policies support community options for individuals with disabilities.

Office of Special Education and Rehabilitative Services (OSERS)

Implementation of Community Living Alternatives

Issue/Barrier: Although the Supreme Court's Olmstead decision has mandated the availability of community living options, when appropriate, for people with disabilities, training and technical assistance on such community and independent living options still need to be provided at the state and local levels to the public agencies and individuals who implement and the consumers who benefit from ED programs. Efforts need to be made to ensure that ED and other federal agency statutes, regulations, and programs that require and encourage community living alternatives are being properly implemented at the state and local levels.

Opportunities/Solutions:

• OSERS, in conjunction with DOL and HHS, has undertaken funding the Olmstead Project in which cross-disability leaders and advocates are trained to work with states to develop and implement the comprehensive state plans for providing consumer-directed home and community-based services for persons with significant disabilities.

• RSA is providing funding to support two regional Rehabilitation Continuing Education Programs to develop and implement training for vocational rehabilitation and independent living professionals, as well as community organizations on the Olmstead decision in order to improve outreach to consumers.

Independent Living Programs

The Independent Living (IL) State Grants Program supports formula grants to states, with funds allotted based on population. Funds may be used to provide IL services, to support the operation of centers for independent living, to demonstrate ways to expand and improve IL services, as well as other related activities.

The Centers for Independent Living (CIL) Program provides grants, on a competitive basis, for consumer-controlled, community-based, cross-disability, nonresidential, private nonprofit agencies that are designed and operated within a local community, primarily by individuals with disabilities, and provide an array of IL services.

The following barriers and opportunities for improvements were noted under these two IL Programs:

• Housing:

  Issues/Barriers:

  • Service providers under the Title VII IL programs can assist individuals in finding appropriate housing by providing information/referrals on housing developments and apartment complexes in their catchment areas. However, referral services are often hindered by the lack of affordable, accessible housing. In addition, some individuals may need transitional housing services.

  • Federal agencies lack sufficient information to fully understand the housing needs of persons with disabilities, particularly housing dedicated to people leaving institutions or of individuals trying to avoid institutionalization.

  • Individuals moving from institutions may require financial and/or technical assistance in order to make modifications to their living space. IL service providers can assist individuals with disabilities in finding funding sources for home modifications. However, this assistance is often hindered due to the limited number of agencies that provide this service as well as the limited funding available and lack of capacity to provide the needed modifications.

  Opportunities/Solutions:

  • Explore establishing an ad hoc workgroup comprised of appropriate federal agencies (ED, HHS, Housing and Urban Development, etc.) to address the housing issues associated with individuals with disabilities. This effort should include a mechanism for on-going input from various stakeholders. The workgroup should also develop materials disseminating information and providing technical assistance on public assistance to facilitate the transition from institutions to community living.

  • Assess the feasibility of revising CIL reporting requirements to collect data on housing and related needs.

  • Identify resources for funding opportunities for modifications to living spaces and disseminate that information to State IL programs and CILs.

  • During the State Independent Living Council (SILC) Congress, invite participants to establish a workgroup comprised of representatives from the SILCs and state agencies and consumers to explore various options that directly impact upon individuals with disabilities and provide input to RSA regarding possible statutory changes to the independent living program.

• Transportation:

  Issue/barrier: While CILs can assist individuals to find appropriate transportation by providing information/referrals on transportation available in their area, referral services are often hindered by:

  • no available public transportation;
  • available transportation that is limited to transportation for specific activities (e.g., medical appointments);
  • available public transportation that is not accessible; or
  • lack of coordinated transportation between HHS and the Department of Transportation (DOT) funded programs.

  Opportunities/Solutions:

  • Establish a partnership with the Joint Council on Mobility and Access, as well as relationships with DOT and other transportation agencies, to survey transportation problems and barriers, recommend solutions, and promote a network of alternative transportation through community-based and other providers.

  • Through partnerships with other public agencies, seek information regarding resources to assist IL service providers to establish and operate transportation systems.

  • Survey CILs to ascertain what they have done to expand accessible transportation and disseminate information on promising practices.

• Attendant Services

  Issue/Barrier: IL service providers can assist individuals to access attendant services by providing information/referrals on services available in their area. However, such referral services are often hindered by:

  • the lack of services in the state/local area;
  • statewide waiting lists for services;
  • the state's funding bias towards institutional care; or
  • the lack of reliable individuals to serve as attendants.

  Opportunities/Solutions:

  • Explore how funds for attendant services can be more "consumer-driven" and directed through partnerships with relevant Federal agencies such as HHS.

  • Explore with other appropriate federal agencies options/partnerships that will afford opportunities to train personal assistance service providers, as well as consumers and/or family members or consumer representatives in skill areas such as recruiting, hiring and supervision of personal assistance service providers.

• Independent Living Skills Training

  Issue/Barrier: CILs, in coordination with other social service agencies, have the expertise to meet the needs of potential consumers who are leaving institutions. Capitalizing on this expertise may require additional resources -- both staff and funding. CILs are required, as one of their core IL services, to offer IL skills training to individuals with disabilities. If an individual has been institutionalized for an extended period of time, that individual may need more comprehensive skills training than currently provided by CILS.

  Opportunities/Solutions:

  • Re-evaluate current methods for providing in-service training for IL service providers (particularly on the needs of individuals transitioning from institutions to the community) and, as appropriate, implement identified improvements.

  • Seek additional resources, for example, through the coordination of funding from other federal agencies, to provide focused assistance to CILs and other IL service providers to improve their capacity to provide IL skills training to those individuals in particular who are transitioning from institutions to the community.

• Empowerment

  Issues/Barriers:

  • IL service providers are required to provide advocacy at both the system and the individual levels. This can be hampered by a lack of access to individuals who are living in institutions.

  • IL service providers provide peer counseling services. As individuals move from institutions into community settings, they may require peer counseling services to help them address their IL needs. An influx of consumers will increase current waiting lists for peer counselors and further overload the current system.

  Opportunities/Solutions

  • Develop and disseminate public service announcements and other public information to increase awareness of community-based living options and other issues associated with the implementation of the Olmstead decision.

  • Increase outreach and recruitment efforts to attract individuals of diverse backgrounds (e.g., race, gender, age, culture, and disability) as peer counselors through partnerships with minority-identified and other appropriate organizations.

Transition Services and Activities under the IDEA and the State VR Services Program

Issue/Barrier: Transition services to individuals with disabilities is a shared responsibility between special education programs and state VR service programs. Improved coordination between these programs at the state and local levels will lead to the provision of better transition services for students with disabilities.

Opportunities/Solutions:

• Coordinate, where appropriate, joint agency monitoring of state VR agencies and state education agencies to improve implementation of transition services requirements under the Rehabilitation Act and the IDEA and, when needed, provide technical assistance to state and local agencies.

• Establish a "prime study group" under the Institute on Rehabilitation Issues and develop a publication targeted to VR counselors, appropriate school officials, and other service providers on transition from school to work for young adults with disabilities.

Protection and Advocacy Services

Issue/Barrier: The Protection and Advocacy of Individual Rights Program (PAIR), administered by RSA, is underutilized as a resource to publicize information to individuals with disabilities regarding their rights to community options and alternatives.

Opportunity/Solution: Develop a Technical Assistance Circular (TAC) for the PAIR programs in order to promote the involvement of these programs in community integration activities. The TAC will include: a discussion of the President's Executive Order on this matter; a synopsis of the past and present activities among the PAIRs; and suggested ways through which the PAIRs can help to increase community options for persons with disabilities.

Parent Training and Information Programs

ED provides funds to support Parent Training and Information (PTI) projects for the purpose of providing training and technical assistance to individuals with disabilities and parents of children with disabilities on the rights, remedies and programs under the Rehabilitation Act of 1973, as amended, and the Individuals with Disabilities Education Act (IDEA).

Issues/Barriers: Many individuals with disabilities and their families have yet to fully appreciate the implications of the Olmstead decision and are not aware of the full range of community services that are available for individuals with disabilities as alternatives to institutionalization. Parent training on the implementation of the Olmstead decision is particularly important for the families of transition-age youth. Parents have a need to know about the resources available to assist and support young adults with disabilities to live independently in the community. PTI projects can play an important role in educating parents and professionals about Olmstead and the ways it will affect and improve the quality of life for many people with disabilities.

Opportunities/Solutions: RSA and OSEP, as appropriate, will coordinate technical assistance activities designed to provide information about the importance of the Olmstead decision and how PTI projects may serve parents and their children with disabilities when information and assistance is needed on home and community living options. The following activities/examples will be explored:

• Trainings for Parents. Parent trainings on the Olmstead decision can help families raise the expectations they have for community integration for their sons and daughters with disabilities. Families need to understand that alternatives to institutionalization and community supports exist that can help people with disabilities live a meaningful life in the community.

• Dissemination of Printed and Electronic Materials. Parent centers could develop and disseminate written materials for parents in a variety of formats such as handouts, newsletter articles, or pamphlets. These materials can explain Olmstead in easy to comprehend language and can provide information on resources and agencies as well as provide families with information on community-based services.

• Individualized Information and Referral and Advocacy. Parent center staff knowledgeable about the Olmstead decision and its implications can assist families interested in community alternatives to institutionalized care. Parent advocates can provide families with information on consumer rights under Olmstead, advise families on community options, and advise unaware professionals of the Olmstead ruling and its application locally.

• Support for State Parent Training Projects. Parent training projects in every state can play a meaningful role in the dissemination of Olmstead implementation information. By working closely with existing parent centers that serve the families of youth with disabilities in each state, projects have access to comprehensive mailing lists, effective methods of delivering training to families, and relationships with key state agencies.

Assistive Technology Research and Access

Issues/Barriers:

The President's New Freedom Initiative states that:

Assistive and universally designed technologies can be a powerful tool for millions of Americans with disabilities, dramatically improving one's quality of life and ability to engage in productive work. New technologies are opening opportunities for even those with the most severe disabilities.

Unfortunately, assistive and universally designed technologies are often prohibitively expensive for the consumer. In addition, federal funds need to encourage innovation and coordination of assistive technology research and development programs.

Opportunities/Solutions:

Through the Interagency Committee on Disability Research, chaired by NIDRR, the federal effort in assistive technologies will be coordinated to ensure that the highest priority needs of the disability community will be met. In addition, through the Small Business Innovative Research program, NIDRR will facilitate the transfer of new technologies to the market place, and through the Alternative Financing Program under the Assistive Technology Act, NIDRR will establish and implement innovative programs to enhance the ability of people with disabilities to obtain assistive technology.

Office of Vocational and Adult Education (OVAE)

OVAE supports a wide range of programs and activities that help young people and adults secure the knowledge and skills they need to achieve successful careers and productive lives. As part of OVAE's self-evaluation, the following barriers were identified, and solutions to enhance community alternatives for individuals with disabilities were developed:

• The Carl D. Perkins Vocational and Technical Education Act provides more than $1 billion annually to states to support the improvement of vocational and technical education programs at the secondary and postsecondary levels. Support services for students with disabilities (e.g., curricula and equipment modification, instructional aids and devices) are among the authorized uses of funds. Local education agencies and institutions of higher education are allocated 85 percent of the funds by formula. States may, however, reserve 1 percent of the total funds allocated to the state "to serve individuals in State institutions, such as State correctional institutions and institutions that serve individuals with disabilities" (section 112(a)(2)(A)).

  Issues/Barrier: OVAE currently lacks sufficient information on expenditures, as well as information to substantiate the extent to which this authority has been used to support state institutions for persons with disabilities, and if so, for what purposes.

  Opportunities/Solution: Over the next year, OVAE will collect information about this issue to evaluate the extent to which state implementation of the authority is consistent with the Executive Order. OVAE expects to make recommendations for amending the authority based upon these findings as part of its forthcoming proposal to reauthorize the Perkins Act.

• The Adult Education and Family Literacy (AEFLA) Act provides more than $500 million annually to states to support community-based adult basic education, English literacy, and adult secondary education instruction. Several critical factors, including both programmatic and physical accessibility issues, may limit the effectiveness of services for students with disabilities.

  Issue/Barrier: An estimated 16 percent of the nearly 3 million individuals served last year were between the ages of 16 and 19; another 25 percent were between the ages of 19 and 24. Due to ambiguity in the language of the AEFLA, some out-of-school youth with disabilities between the ages of 16 through 21 may not be receiving both adult education and the special education services under the IDEA to which they are entitled.

  Opportunity/Solution: OVAE will seek to address this barrier to services for individuals with disabilities through administrative action or, if appropriate, in reauthorizing or amending AEFLA.

The Office for Civil Rights (OCR)

Issue/Barrier:

While the number of students with disabilities attending postsecondary institutions is increasing, many of these students do not often understand the different standards that exist and the types of services available in postsecondary settings compared to secondary schools. Students are often confused about their rights and obligations; this can result in unreasonable expectations. Also, students may receive delayed or inappropriate services.

Opportunity/Solutions:

• OCR's Program Legal Group is planning to issue a resource document targeted to parents and students that clarifies the rights of students and the obligations of schools as students with disabilities transition from high school to postsecondary education. A number of excellent resource materials exist already. OCR is collecting and reviewing existing materials and will identify and supplement these, as needed, in the resource document.

• OCR is also conducting technical assistance and training initiatives, through its regional offices, to stakeholders regarding transition of students from secondary school to post-secondary institutions and improved vocational education services to students with disabilities so that they can progress further in education and employment.

Last revised: April 17, 2002