bluuebunny/crossref_metadata_2025 huggingface dataset:
Consumer Direction, Consumer Choice, and the Future of Long-Term Care
Authors: Batavia Andrew I.
Published: May 2008

Traditionally, our long-term care system has had a strong institutional bias, with care directed by health care professionals and few options for consumers. There is now a growing trend toward consumer direction and consumer choice in long-term care. Some degree of consumer direction can be achieved under different models of long-term care, but many consumers prefer the independent living model in which they hire, train, and manage their own personal assistants. The Supreme Court's Olmstead decision supported the consumer-direction trend, finding that unjustified institutionalization is discriminatory and that Medicaid recipients with disabilities must receive their care in the most integrated setting appropriate. Initiatives by disability rights advocates, states, and the federal government to ensure the option of consumer-directed home- and community-based care, as well as innovative home-based programs in other countries, have further fueled the trend. The policy challenge will be to offer consumer-directed care on an equal basis with other long-term care options in a manner that meets the needs of people with different disabilities, and thereby to implement consumer choice in a manner that allows people with different disabilities to decide for themselves which option best meets their needs.
Consumer Preferences for a Cash Option Versus Traditional Services
Authors: Mahoney Kevin J. , Desmond Sharon M. , Simon-Rusinowitz Lori , Loughlin Dawn M. , Squillace Marie R.
Published: May 2008

The Cash and Counseling Demonstration and Evaluation (CCDE) is a policy-driven evaluation of the basic belief that most people, including the elderly, want a say in matters that affect their daily lives. The evaluation is comparing cost, quality, and satisfaction of consumers receiving traditional personal care services with those receiving a consumer-directed cash benefit and information services. This article presents results from a telephone survey conducted as background research to assess the preferences of elders and adults with disabilities for a cash option versus traditional services in New Jersey, one CCDE demonstration state. This preference study provides information about consumer perceptions and attitudes, need for help or training with service management tasks, and outreach messages to emphasize when promoting a consumer-directed cash option.
Self-Determination Among Mental Health Consumers/Survivors
Authors: Cook Judith A. , Jonikas Jessica A.
Published: May 2008

It is well known that people with psychiatric disabilities lack self-determination in their lives. A number of studies have demonstrated the high rates of poverty experienced by many of these individuals, leading them to confront a variety of barriers to a higher quality of life. Moreover, concepts of self-determination and client control have not yet proliferated in the public mental health system. In spite of this, consumers/survivors have organized to demand their civil rights and full inclusion in making decisions regarding their own treatment. This article traces the history of self-determination for citizens with psychiatric disabilities, describes major barriers to self-determination, presents several theories of self-determination with potential relevance for mental health consumers/survivors, and offers ways in which self-determination and consumer control might be achieved both within and outside of service systems.
A Continuum of Services
Authors: Hamner Doris , Timmons Jaimie Ciulla , Bose Jennifer
Published: May 2008

This article focuses on the characteristics of effective employment services at the system level and is based on the experiences of individuals with disabilities who were successful in finding employment. We conducted interviews with 17 adults with disabilities who used a state agency to find employment and examined experiences with employment services, including job search and job entry experiences, strategies that facilitated involvement, supports provided, and barriers experienced. Findings showed that agency services varied from providing a guided approach to requiring a high level of self-direction. Job seekers shaped their experiences with agencies to find an effective place on the continuum between the 2 approaches. Findings also showed the advantages and limitations of each approach. This article also presents strategies for tailoring supports to meet the unique needs of each consumer along this spectrum.
Preparing Youth to Exercise Self-Determination
Authors: Field Sharon , Hoffman Alan
Published: May 2008

If youth with disabilities are to be adequately prepared to maximize opportunities for self-determination in adulthood, they need to be equipped with the knowledge, beliefs, and skills that lead to self-determination in their educational programs. This article identifies quality indicators of educational programs that promote self-determination. The quality indicators are holistic in nature and address the self-determination of all members of the school community. Guidelines for using the quality indicators for program improvement are provided.
Leadership by People with Disabilities in Self-Determination Systems Change
Authors: Powers Laurie E. , Ward Nancy , Ferris Lisa , Nelis Tia , Ward Michael , Wieck Colleen , Heller Tamar
Published: May 2008

People with disabilities have been in the forefront of advancing self-determination services and policies. This article discusses the involvement of individuals in person-directed services and the roles of individual leaders with disabilities and disability organizations led by people with disabilities in shaping policies and systems. Findings from 3 surveys of the involvement of individuals with disabilities in disability organizations and agencies are presented. Cross-disability principles for self-determination and recommendations for promoting disability leadership are discussed. Advancing leadership requires supporting the development of individual leaders with disabilities, building the capacities of organizations led by people with disabilities, and encouraging cross-disability partnerships.
Creative Therapy and Initiative Activities Among People with Developmental Disabilities in Public Facilities
Authors: Qiang Huang  , Dodder Richard A.
Published: May 2008

Karst (1982) contended that creative self-expression may transcend the limitations of mental retardation and can be a natural medium for communication beyond intellectual and verbal ability. Thus, creative therapy can be a medium to help people learn to initiate activities beyond their perceived limitations. The Developmental Disabilities Quality Assurance Project at Oklahoma State University conducts an annual report on the quality of life for people with developmental disabilities in Oklahoma. In 1997, creative therapy, such as music and art therapy, sensory awareness/stimulation, and aquatic therapy, was provided to people living in public facilities (N = 168). Caregivers indicated the number of hours per week that creative therapy was employed. Chi-square and t tests were used to assess relationships between hours of creative therapy (in four categories from high to low) and people's initiative activities. Both caregivers and consumers were asked if consumers chose (a) how to spend their money, (b) food at home and in restaurants, (c) free-time activities, and (d) friends. According to caregiver responses, only purchasing clothes was significantly related to more hours of therapy received; according to consumer responses, only choosing food at home was significant. On all questions examined, however, caregivers indicated that consumers exercised more choice than consumers themselves indicated.
SSI and Adults with Disabilities
Authors: Ozawa Martha N.
Published: May 2008

Supplemental Security Income (SSI) is under close scrutiny because of the increase in the number of adults with disabilities on SSI and the low rate of their return to employment. So far, the focus of investigations by federal agencies and academics has been on the individual characteristics of these SSI recipients and the inner workings of the program. As a result, the interventions now in effect and those under consideration tend to focus on individual circumstances. This article presents the results of an empirical study, based on county-by-county data, indicating that an external factor—the unemployment rate in the county—is a strong correlate of the rate of SSI participation by adults with disabilities. On the basis of these findings, the author recommends using different types of programs, ranging from vocational rehabilitation to wage subsidies to moving expenses, and other goods and services to bring back into the labor force as many adults with disabilities as possible.
The Wishes of People with Developmental Disabilities by Residential Placement and Age
Authors: Minton Carol , Fullerton Amanda , Murray Barbara , Dodder Richard A.
Published: May 2008

Using a cross-sectional design, Loconto and Dodder (1997) looked at the responses of people with developmental disabilities to the last question—“If you had one wish, what would it be?”—on Oklahoma's statewide survey instrument. Their results suggested that the participants living in community placements expressed desires similar to those of people in the general population. The results of the study reported here seem supportive of Loconto and Dodder's research. When the 28 participants were divided into age categories, however, the authors found that more than 75% of the older adults (n = 102) were still institutionalized as of 1997. Their desire to move was their greatest wish. It remained the largest wish category in both 1991 and 1997.
Developing Comprehensive Statewide Disability Information Systems
Authors: Fox Michael H. , Kim KyungMee , Ehrenkrantz David
Published: May 2008

Enhancing information capacity that can be used to improve services for people with disabilities remains an ongoing public health challenge. Research that can lead to improved state data systems for this population is still in its infancy. In this exploratory study, we have identified common characteristics needed to manage program services within one state's provider network and proposed a conceptual framework for developing a statewide system. We identified three broad information areas: assessment, administration, and assurance. Linking data elements to a program's information deficiencies allows lead state agencies responsible for public health functions for persons with disabilities to facilitate administrative coordination between programs having mutual information and management needs. By implementing strategies that share information without jeopardizing program autonomy, states can improve services for people with disabilities. Incorporating this framework extends the boundaries of a comprehensive disability information system beyond survey monitoring.
The Perceptions of People with Disabilities as to the Effectiveness of the Americans with Disabilities Act
Authors: Hinton Cathy A.
Published: May 2008

This study examines the perceptions of people with disabilities as to the effectiveness of the Americans with Disabilities Act (ADA) in regard to accessibility issues covered by Titles II, III, and IV. In analyzing the influence of the independent variables (disability type, age of onset of disability, disability organization membership, and employment status) on perceptions of the ADA's effectiveness, most of the results were not statistically significant. However, differences among the three titles did emerge from the analysis. Title II (public sector) was rated somewhat higher than Title III (private sector) in improved accessibility of covered entities since the passage of the ADA. However, in neither case did a majority of respondents rate accessibility issues covered by these titles as better. In contrast, a majority of respondents rated Title IV (telecommunications) as better. Reasons for the perceived differences among the titles are discussed.
Access Barriers for Persons with Disabilities
Authors: Scheer Jessica , Kroll Thilo , Neri Melinda T. , Beatty Phillip
Published: May 2008

Individuals with disabilities constitute a marginalized group in health services research, and their experiences within the health-care system are not well understood. This article examines the access barriers to primary, specialist, and rehabilitative care, and their consequences for individuals' health, functioning, well-being, and health services utilization. The findings are based on an in-depth analysis of 30 qualitative interviews. Access problems are grouped into environmental, structural, and process barriers. The findings highlight the complex nature of access barriers for people with disabilities and underscore the importance of disability literacy in the health service delivery process.
Disability and Economic Well-Being in Old Age
Authors: Ozawa Martha N. , Hong Baeg-Eui
Published: May 2008

Because their income status after retirement depends heavily on their prior experiences, retired people with disabilities face economic hardship compared with those without disability. While they are young, they tend to have less education and lower paying jobs and are less likely to marry. Thus, the question arises: Does disability status per se make them economically disadvantaged? This article presents the results of a study that investigated the net effect of disability status on the income status of retired people at the time of retirement and 10 years later, controlling for demographic variables, education, occupation, and degree of labor force attachment. The major finding was that when other variables were controlled, there was no difference in the income status of disabled and nondisabled persons at these two points in time.
"No More Clarences"
Authors: Franz John P.
Published: May 2008

This article discusses the challenges communities face when trying to help children whose complex needs place them outside the operational boundaries of existing service disciplines. Various strategies for creating more integrated and flexible systems of care have been attempted, but most have not produced reliable outcomes. A model that builds on what has been learned through these efforts and that integrates change at the practice, administrative, system, and community levels is proposed as a way of ensuring the availability of an effective response for these children.
Do They Get It?
Authors: Klatt Kevin P. , White Glen W. , Gard Melissa J.
Published: May 2008

This exploratory study investigated the opinions and knowledge of persons with mainly psychiatric disabilities in regards to research and the research process. A survey/test was administered before and after the study participants read a short primer that used a short-story format to describe how research is conducted and that provided the outline of a research article. Following the survey, a short discussion period was held to address the participants' questions and concerns. The results indicated that the participants found the research to be highly valuable but were more familiar with research of a medical nature (e.g., diabetic and psychotropic medications). By reading a short primer, they were able to learn about many components of a research article and to see research as a potentially valuable advocacy tool.
Transition as a Vehicle
Authors: Nuehring Michelle L. , Sitlington Patricia L.
Published: May 2008

This qualitative research study examines the transition of adolescents with autism from high school to adult vocational service providers. The article looks at the current, ongoing transition of a high school senior and also analyzes the transitions made by three previous graduates. In so doing, it allows for a look inside three separate vocational service providers, revealing both areas of strength in the transition process across these providers and the school and areas in need of improvement.
Theoretical and Applied Issues in Defining Disability in Labor Market Research
Authors: Bernell Stephanie L.
Published: May 2008

The contribution of disability to labor market behavior is a subject of considerable attention. Notwithstanding this tremendous interest, a great deal of variation exists in the use of terms such as health, impairment, and disability. Consequently, comparing results across studies is often difficult, and the impact empirical research can have on policy making is diminished. This article outlines the conceptual issues involved in defining disability, reviews definitions of disability commonly used in empirical labor market research and by policy makers, examines the problems that accompany the use of the various methods, and offers some thoughts for future work in the area of defining disability.
Special Education Due Process Hearings
Authors: Rickey Kristen
Published: May 2008

This article presents findings from an analysis of special education due process hearing decisions rendered in Iowa from July 1, 1989, through June 30, 2001. Detailed information regarding specific issues of dispute and prevailing party is presented, with an emphasis on differences in issues occurring at different grade levels and for gender. Results show that placement continues to be the most contentious issue overall; however, the most prevalent issues vary by grade level of the student. The most frequent issue named for students in elementary school was that of evaluation, for those in middle school it was suspension/expulsion, and for high school students it was placement. Boys were involved in hearings more frequently than were girls, except when the issue was methodology or related services. Districts prevailed most often overall, with 63% of decisions in their favor. Parents prevailed more frequently in issues of graduation and suspension/expulsion. Policy implications are discussed.
Comprehensive School Reform
Authors: Little Mary E. , Houston Debby
Published: May 2008

Incorporating research-based theoretical approaches into quality instructional practices within the classrooms of U.S. schools has been a challenge. Given the ever increasing mandates of accountability, this issue needs to be solved. This article describes a conceptual framework and the specific implementation activities that the state of Florida used to ensure that quality, research-based instructional practices were implemented within the schools in the state. Described are specific successful models and procedures that have been implemented and validated through collaboration among professionals within the research community, the state department of education, and local staff developers, administrators, and teachers.
The Cost and Financing of Home Modifications in the United States
Authors: Pynoos Jon , Nishita Christy M.
Published: May 2008

Home modifications can aid in the performance of tasks and support independent living. However, obtaining funding in the United States is difficult for both individuals and home modification programs. For individuals, cost is an important factor in the decision of whether to obtain home modifications, along with the perceived need and perceived effectiveness of the modifications. Home modification programs face budget limitations and a lack of stable sources of funding. The public and private sources of financing are far from comprehensive and have confusing eligibility requirements. Several action steps by policymakers and practitioners will increase the availability of home modifications. Ideally, the future would bring a housing stock that incorporates visitability and universal design concepts.
A Policy Analysis of the Assistive Technology Alternative Financing Program in the United States
Authors: Wallace Joseph F.
Published: May 2008

This article highlights the need for and impact of loan financing programs for the acquisition of assistive technology. It provides a historical presentation of the origins of credit financing for people with disabilities, with particular attention to assistive technology. A policy review of assistive technology loan financing is offered, culminating in the Title III funding of the Assistive Technology Acts. The article concludes with key features of a successful program and implications for the future of credit financing in the lives of persons with disabilities.
The Virginia Alternative Financing Program
Authors: Scione Michael
Published: May 2008

Alternative financing programs represent a relatively recent and potentially cost-effective way of providing improved choice and control to people with disabilities who use or need assistive technology. Through the provision of incentives to financial institutions, resources are used to make loans to individuals with disabilities. These loans have repayment rates that are not standard in the financial community. Virginia's model consists of (a) low-interest loans with longer terms and flexible conditions and (b) loan guarantees. The program has leveraged limited public resources by a 6:1 ratio, showing that even states with limited funding can operate and sustain successful loan programs. This article describes financing options, strategies for leveraging and sustaining the funding pool, and future systems-change initiatives, including loans to businesses for compliance with the Americans with Disabilities Act, Individual Development Accounts, and microenterprise loans for people with disabilities.
The Utah Assistive Technology Foundation
Authors: Hammond Marilyn
Published: May 2008

This article describes key features of the nonprofit Utah Assistive Technology Foundation, including 0% interest rates for consumer assistive technology loans, creative community partnerships, small non— federally funded consumer grants, successful marketing, and targeted minority outreach strategies. These features have gradually evolved over time as the program has grown and changed to better meet the needs of people with disabilities in Utah. To date, the program has served approximately 250 children and adults with disabilities. Hundreds of other individuals have used the program as an information and referral center for disability services.
Using Participatory Action Research to Examine Outcomes and Effect Systems Change in Assistive Technology Financing
Authors: Hammel Joy , Finlayson Marcia , Lastowski Steven
Published: May 2008

A participatory action research study was conducted to develop a shared, Web-based system for documenting outcomes of the national Assistive Technology Alternative Financing Program. Key stakeholders, including alternative financing state programs, consumers with disabilities, financial lending organizations, and federal/state policy and funding representatives, actively participated in identifying items, and in creating, using and refining the system. The processes and variety of in-person and remote PAR methods used to gain the perspectives of stakeholders and share ownership of the outcomes are described, including lessons learned. Additionally, examples of the Web-based data collection and outcome reporting system are highlighted, in conjunction with unanticipated outcomes, such as the use of results and online reports to effect social action change in assistive technology financing systems and policies at the state and national levels.
Providing Alternative Financing for Assistive Technology
Authors: Finlayson Marcia , Hammel Joy
Published: May 2008

This article presents the findings from data collected between October 1, 2000, and June 12, 2002, through a Web-based outcome data collection and management system designed for use by alternative financing programs (AFPs) for assistive technology that are supported by a grant from the National Institute of Disability and Rehabilitation Research. The findings suggest that funding for mobility equipment (including adapted transportation) is the most sought by applicants to AFPs. Although the majority of the applicants were receiving funding, women, people living in urban areas, and individuals in the lowest income quartile (less than $966/month) were less likely to be approved for a loan. Overall, the findings suggest that the AFPs are providing an avenue for people with disabilities to acquire assistive technology they have been unable to access through other funding sources. Areas for future development of the AFPs are identified, including outreach to minority and non—English-speaking groups.
Economic Evaluation for Assistive Technology Policy Decisions
Authors: Jacobs Philip , Hailey David , Jones Allyson
Published: May 2008

Economic evaluation analysis comprises a set of tools that are used to assess alternative health technologies, including assistive technologies. Health technology assessment is a set of concepts that are used to evaluate technologies and to make policy recommendations. This article presents an exposition of each of these areas: the tools that are used to conduct an economic evaluation, how these tools fit in to the larger policy-related analysis of health technology assessment, and how these tools can be used in the assistive technology field.
Disability Policy in Sweden
Authors: Lilja Margareta , Mansson Ingela , Jahlenius Leif , Sacco-Peterson Maryanne
Published: May 2008

This article describes policy concerning provision of services to persons with disabilities in Sweden. The Swedish welfare system provides general support for society as a whole, which is supplemented by specific support for persons with special needs. This philosophy has guided the way Sweden has built public service systems. The authors describe the range of accessible services for persons with disabilities, including the system of delivery for assistive technology and housing modifications. Strengths and weaknesses in Swedish policy related to decentralization, responsibility, equality, and cost are also discussed.
A Program of Support for Consumer Participation in Systems Change
Authors: Stringfellow John W. , Muscari Kathy D.
Published: May 2008

Systems in support of services to persons with psychiatric disabilities are recognizing the benefit of developing a significant place for mental health consumers in shaping policy and services. This is an opportunity to enhance self-determination, but specific consumer attributes are required for success. The West Virginia Leadership Academy is a collective advocacy training program operating, since 1995, under the administration of grassroots consumer groups with the support of the West Virginia Office of Behavioral Health Services/Bureau for Behavioral Health and Health Facilities and, at the federal level, by the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration. The program is intended to meet the human resource requirements of a consumer-participatory system. The Leadership Academy has produced more than 375 graduates in West Virginia and, as a service of the Consumer Organization Networking Technical Assistance Center, it has evolved into a nationwide vehicle for the organization and training of mental health consumers.
Applying for General Disability Benefits Among Members with Disabilities in the Changing Kibbutz
Authors: Rimmerman Arie , Cozin-Disegni Limor , Griffel Avi
Published: May 2008

The research discussed in this article examined differences in application rates for general disability benefits among 387 kibbutz members with disabilities in Israel. The authors also took into account critical changes in the ideology, social structure, and economy of the kibbutz. They hypothesized that significant differences would be found in application rates according to age, gender, and use of social support networks within and outside the kibbutz. Major study findings indicated that kibbutz members with disabilities above age 50 had lower application rates for disability benefits compared to those below age 50. No significant differences in application rates were found for gender, but individuals who lacked formal support tended to have greater application rates. The authors also interpret findings with respect to social policy and planning.
Substance Abuse Treatment Services for People with Disabilities
Authors: Bachman Sara S. , Drainoni Mari-Lynn , Tobias Carol
Published: May 2008

The authors present results from an exploratory study conducted to learn more about how Medicaid managed-care plans meet the needs for substance abuse treatment among people with disabilities. These results suggest that capitated health plan staff members are more likely to be knowledgeable about the special needs of people with disabilities who also experience substance abuse problems. Staff members of smaller and more focused health plans demonstrated the greatest knowledge about individuals with disabilities. Staff members of larger behavioral health carve-outs are more likely to develop strategies to achieve population-level goals, such as increased access to care and cost-efficiency. The carve-out plans are likely to offer specialized services only to people with co-occurring mental health and substance abuse problems or to individuals with HIV/AIDS. The authors discuss a number of barriers that make it difficult for managed-care organizations to provide substance abuse treatment services to people with disabilities.
Counterpoint: On Not Wanting to Be Injured and Insulted
Authors: Ashcroft Richard
Published: May 2008

In this article the author examines some of the political and philosophical strategies used in Gregor Wolbring's discussion (this issue) of disability rights approaches to bioethics, concentrating on his argument concerning the similarity of feminist and disability rights approaches to preimplantation and prenatal selection techniques. Altough supportive of Wolbring's general approach, the author suggests that there are some analytical problems in Wolbring's argument relating to the political efficacy of social constructionism and the concept of disability. The author believes that Wolbring's position may veer toward a radical individualism in bioethics that could undermine Wolbring's overall political project of advancing the rights and status of people with disabilities.
Assistive Technology for All
Authors: Carey Allison C. , DelSordo Virginia , Goldman Amy
Published: May 2008

Literature on access to assistive technology (AT), AT services, and AT funding, as well as literature on access to loans (i.e., mortgages and car loans) has indicated that people from minority populations tend to experience less access to and benefit from these programs. Given these trends, the question arises: To what extent does race affect access to AT through alternative financing programs? Using a national database of 10 participating states, the authors of this article explored the impact of race upon which persons apply for—and succeed in obtaining—alternative financing. The authors then provide an in-depth discussion of Pennsylvania's model outreach program designed to increase access to and use of alternative financing by members of the African American, Latino, and Southeast Asian communities in the commonwealth.
The Emerging Disability Paradigm and Its Implications for Policy and Practice
Authors: Schalock Robert L.
Published: May 2008

In this article, the author summarizes four characteristics of an emerging disability paradigm and discusses a number of policy and practice implications posed by this paradigm. The four characteristics are functional limitations, personal well-being, individualized supports, and personal competence and adaptation. Changes that need to occur in policy and practice are discussed in relation to each of the characteristics. The author concludes with a discussion of potential changes at the individual, service delivery, and societal levels that may be used to evaluate the utility of the paradigm.
African Americans with Disabilities and the Social Security Administration's Return-to-Work Incentives
Authors: Alston Reginald J.
Published: May 2008

Because there is a high incidence of work-related disabilities in the African American community, which is due to several factors, African Americans are likely to be recipients of Social Security Disability Insurance (SSDI) benefits. In this article, the author reviews SSDI policies and examines cultural variables specific to African Americans that may negate return-to-work incentives. Social cognitive theory is offered as a framework for understanding behavioral responses of African Americans concerning various work incentives, particularly those embodied in the Ticket to Work and Work Incentives Improvement Act (TTW-WIIA). The author offers suggestions for policy revisions and recommendations for research.
Preferences for a Cash Option Versus Traditional Services for Florida Children and Adolescents with Developmental Disabilities
Authors: Loughlin Dawn M. , Simon-Rusinowitz Lori , Mahoney Kevin J. , Desmond Sharon M. , Squillace Marie R. , Powers Laurie E.
Published: May 2008

Traditional personal assistance programs often lack a significant consumer-direction focus that allows or encourages consumers to be in charge of their services. Independent evaluations of the Cash and Counseling Demonstration and Evaluation (CCDE) project are comparing costs of, quality of, and satisfaction with traditional personal care services versus consumer-directed cash benefit and information services. Because the disability community is composed of diverse subgroups, each group having with its own needs and concerns, the interests of each of these various populations should be assessed. This article presents the results of a telephone survey conducted in Florida as background research for the CCDE project to assess the interest in a cash option among families of children and adolescents with developmental disabilities. The findings indicate overall high levels of interest in the cash option, especially among individuals who were willing to pay a worker directly, persons who desired more involvement with services, and consumers dissatisfied with the current services. The authors of this article also include suggestions regarding how to communicate with families when informing them of such an option.
Are Published IDEA Hearing Officer Decisions Representative?
Authors: D'Angelo Anastasia , Lutz J. Gary , Zirkel Perry A.
Published: May 2008

The authors of this study examined published hearing officer decisions under the Individuals with Disabilities Education Act to determine whether they were representative of the frequency and outcomes for the larger group consisting of published decisions and the much greater number of unpublished decisions. An empirical analysis of the fully adjudicated hearing officer cases in six randomly selected states revealed that the published sample was variably and, in general, questionably representative of the overall group of such decisions in terms of frequency and outcomes across time. More specifically, in terms of frequency, the representativeness of the published decisions, although moderate for the nation, varied widely from one state to another and was markedly limited for most individual states on a year-by-year basis. In terms of outcomes, the representativeness of the published sample also varied from state to state and was particularly suspect on a year-by-year basis within most states. On a collapsed-years basis, there was a statistically significant difference between the study sample's outcome distributions and those in three of the six states, and a questionable congruence with a fourth state. The likely reasons for the limited representativeness include incomplete submission by some state education agencies, inconsistent selection by the publisher, and variance in the categorization of the year and decision outcome. Although the authors recommend undertaking further research, they caution against the generalizability of published hearing officer decisions, particularly in examining longitudinal trends within individual states.
IDEA Requirements for Children with Disabilities in Faith-Based Schools
Authors: Eigenbrood Rick
Published: May 2008

Children with disabilities enrolled by their parents in private schools do have certain rights to services under the Individuals with Disabilities Education Act (IDEA). The specific requirements of IDEA for students enrolled in private schools are summarized, with an emphasis on those students enrolled in faith-based schools. Although it is clear that the extent to which IDEA does apply to children in private schools is limited, there are implications for the amount of federal flow-through funds that are available for the provision of special education services to this group of students. Specific suggestions for cooperation between public schools and private school personnel are made, with the goal of maximizing the IDEA benefits for children with disabilities in private schools.
Punitive Damages in Special Education
Authors: Katsiyannis Antonis , Herbst Maria
Published: May 2008

The Individuals with Disabilities Education Act (IDEA) has been instrumental in ensuring that all qualified children with disabilities receive a free, appropriate public education. Successful pursuit of complaints regarding the provision of an appropriate education entitles parents to a wide range of remedies, such as the recovery of attorneys' fees, reimbursement for residential placements and related services, and compensatory education. Courts, however, have been reluctant to award punitive damages under IDEA and other legal principles (Sections 1983 and 504), although this is legally plausible. This possibility has been severely compromised by the latest Supreme Court case, Barnes v. Gorman (2002).
The Case Against the Special Olympics
Authors: Storey Keith
Published: May 2008

The Special Olympics has been a controversial program for persons with disabilities. Research has often found negative results concerning the Special Olympics, and there have been numerous discussions in the literature concerning pros and cons of the Special Olympics. The purpose of this article is to articulate and elaborate on concerns regarding the Special Olympics, to promote discussion about these issues, and to suggest future directions for service delivery.
Economics and Adults Identified as Low-Functioning Deaf
Authors: Bowe Frank G.
Published: May 2008

Individuals who read below second-grade level, achieve in school below fourth-grade level, or have secondary conditions in addition to deafness may be identified by state rehabilitation agency counselors or other professionals as having “low-functioning deafness” (LFD). There are an estimated 125,000 to 165,000 adults with LFD in the United States today. Most do not work, but they tend to be on federal and federal—state benefits programs, notably Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), Medicaid, and Medicare. SSI recipients typically also receive Medicaid benefits, whereas those on SSDI generally receive Medicare benefits. Federal spending on adults with LFD exceeds $1 billion/year. It would be less costly to the U.S. Treasury were such beneficiaries to be rehabilitated to work. Three national demonstration projects conducted during the 1990s showed that rehabilitating many adults with LFD is both feasible and cost effective. Nevertheless, few individuals with LFD are being provided with the services they require to become and remain employed.
Conflicts of Interest in Biomedical Research Harm Children With and Without Disabilities
Authors: Sharav Vera H.
Published: May 2008

Children have been exposed to unjustifiable risks that in some cases amount to research abuse. Powerful, financially interconnected stakeholders control all facets of research, including the approval process. Physician investigators, their academic institutions, and institutional review boards (IRBs) all come under the influence of funding sponsors, whose interests conflict with the best interest of children. Children cannot rely on IRBs or on any of the existing research oversight agencies to protect them, for research too often takes inordinate risks in the name of the greater good.
The Extent and Effect of Employer Compliance with the Accommodations Mandates of the Americans with Disabilities Act
Authors: Kofi Charles Kerwin
Published: May 2008

Using data from several waves of the National Institute on Aging's Health and Retirement Study, the author of this article evaluates whether employers have complied with the requirements of the Americans with Disabilities Act (ADA) that they (a) accommodate workers who become disabled while in their employ and (b) not pass on the costs of that treatment in the form of lower wages. The author also examines the impact of accommodations on improved job attachment. Study results suggest that workers were accommodated slightly more after the passage of the ADA than before, though in certain specific ways only. Workers appear to have paid for their accommodations in the form of lower wages. Finally, the author shows that accommodation has been very effective at increasing job attachment for individuals with disabilities, but this effectiveness has lessened with time since the ADA's passage.
Attitudes Toward People with Intellectual Disabilities
Authors: Yazbeck Marie , McVilly Keith , Parmenter Trevor R.
Published: May 2008

Attitudes in Australia toward people with intellectual disabilities were investigated among students, disability services professionals, and the general population. Three previously validated questionnaires and a measure of respondent self-reported “social desirability” were used. Students and disability services professionals exhibited similar attitudes, with both groups reporting significantly more positive attitudes than members of the general population. More positive attitudes were evident among younger people, people with higher educational attainment, and individuals with a prior knowledge of or regular contact with people with intellectual disabilities. These respondents were less likely to support the principles of eugenics and more likely to support the paradigm of community inclusion. The authors make recommendations concerning the development of policies and strategies to foster the acceptance and inclusion of adults with intellectual disabilities in the wider community. Further studies that include the use of qualitative techniques and target people in the general population are recommended.
Do Shared Decision-Making Teams Discuss Special Education in Educational Reform Meetings?
Authors: Truscott Stephen D. , Meyers Joel , Meyers Barbara , Gelzheiser Lynn M. , Grout Christine B.
Published: May 2008

Authors of recent reports have concluded that U.S. educational reform has ignored special education (President's Commission on Excellence in Special Education, 2002). Little is known, however, about how local educational reform efforts consider special education when making decisions that may affect students in special education or special educators. The authors of this study examined the relationships between general education reform and special education by using focused analysis of qualitative data collected through a 3-year, comprehensive project in a suburban district that adopted shared decision-making (SDM) teams and site-based management. Data sources included observations of 86 SDM team meetings and interviews with team members and special educators. Findings from primary, middle, and high schools illustrated that there was little connection between general education reform and special education. Specifically, SDM teams seldom discussed special education. Most team members and special educators did not believe that special education was represented in team discussions. Some strategies for representing special education on SDM teams were occasionally effective (e.g., assigning a team member to represent special education for a specific topic). These findings have important implications for education policy because they are consistent with the 2002 report by the President's Commission. The authors also offer suggestions for future research and practice.
Claims, Barriers, and Satisfaction
Authors: Leiter Valerie , Wyngaarden Krauss Marty
Published: May 2008

This article explores the issue of requests for additional special education services. In their study, the authors identified which parents of children who receive special education services make claims for additional related services; the barriers these parents report facing in obtaining such services; and the connections among claims, barriers, and parents' satisfaction with educational services. The authors provide a differentiated view of how child, family, and service-system factors may play into parents' experiences with special education and make policy recommendations related to this perspective. Analyses of national data on children with disabilities indicated that only a small percentage of parents whose children were receiving special education services had requested additional related services. Among parents who made such requests, the vast majority experienced problems in obtaining these services. Parents who reported problems were much more likely to report being dissatisfied with their children's educational services, which suggests that it is not the experience of asking for services but rather the experience of meeting resistance that predicts how satisfied parents will be with their children's educational services.
The Federal Courts and Disability Rights
Authors: Gluck Mezey Susan
Published: May 2008

In this article, the author presents an empirical analysis of litigation under Title III of the 1990 Americans with Disabilities Act, the section of the law prohibiting discrimination in public accommodations on the basis of disability. It represents the first systematic examination of all 247 reported federal district and appellate court decisions through December 2001 in which the court adjudicated a Title III claim. Reporting on the outcome of the litigation, the author assesses the degree to which the federal courts have helped effectuate the remedial purposes of the law by advancing the U.S. Congress's stated aim of guaranteeing the civil rights of people with disabilities in public accommodations. The analysis revealed that defendants succeeded in more than half the rulings in these cases (prevailing in 55% of the Title III decisions overall), with their success varying according to the type of claim and the level of the court deciding the case. The U.S. Supreme Court has not played a major role in providing guidance to the lower courts in adjudicating Title III cases, handing down only two Title III decisions, with neither addressing a major point of contention in the lower federal courts or resolving a widespread conflict among the circuits. The author concludes that the judiciary's constrained interpretation of the Act, based in part on Congress's decision to limit Title III remedies to injunctive relief only, accounted for a significant number of the defendants' legal victories.
The Early Intervention Project
Authors: Mitra Sophie , Brucker Debra
Published: May 2008

Efforts by the Social Security Administration (SSA) to help beneficiaries of Social Security Disability Insurance (SSDI) return to work have had limited success. The Early Intervention project represents the first initiative by SSA in which SSDI applicants will be provided temporary inducements and return-to-work services. Inducements will include a 1-year cash stipend and public health insurance for 3 years. Early Intervention is expected to be successful because it will focus on SSDI applicants who have not been detached from the labor force as long as persons already receiving benefits. The magnitude of this success, however, will depend on (a) the ability to screen for applicants who are likely to become SSDI beneficiaries and to go back to work and (b) the provision of adequate inducements and services. As the first return-to-work initiative targeted at SSDI applicants, the Early Intervention project is expected to provide valuable information to policymakers, researchers, and other interest groups.