Slide 1:
ADA Audio Conference Series
November 19, 2013
This session is scheduled to begin at 2:00pm Eastern Time
Real-Time Captioning and the PowerPoint Presentation are available through the Webinar Platform. Audio Connection is available through the webinar platform/telephone/Mobile App.

Slide 2:
Listening to the Session
The audio for today’s webinar is being broadcast through your computer or via telephone for those that registered for that option.  If using your computer, please make sure your speakers are turned on or your headphones are plugged in.
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If you are having sound quality problems check your audio controls by going through the Audio Wizard which is accessed by selecting the microphone icon on the Audio & Video panel 

Slide 3:
Listening to the Webinar, continued
MOBILE Users (iPhone, iPad, or Android device (including Kindle Fire HD)) 
Individuals may listen** to the session using the Blackboard Collaborate Mobile App
(Available Free from the Apple Store, Google Play or Amazon )
  
Slide 4:
Captioning
Real-time captioning is provided during this session via the webinar platform.
The caption screen can be accessed by choosing the CC icon in the Audio & Video panel.
Once selected you will have the option to resize the captioning window, change the font size and save the transcript.

Slide 5:
Submitting Questions
You may type and submit questions in the Chat Area Text Box or press Control-M and enter text in the Chat Area. You will not be able to see the question after you submit it but it will be viewable by the presenters.
If you are connected via a mobile device you may submit questions in the chat area within the App
If you are listening by phone you will be instructed by the Operator on how to ask a question.
Questions may also be emailed to webinars@ada-audio.org 
Please note: This webinar is being recorded and can be accessed on the ADA Audio Conference Series website at www.ada-audio.org within 24 hours after the conclusion of the session.   The edited written transcript will be posted at this same site within 7 business days following the conclusion of the session.

Slide 6:
Customize Your View
Resize the Whiteboard where the Presentation slides are shown to make it smaller or larger by choosing from the drop down menu located above and to the left of the whiteboard. The default is “fit page”.

Slide 7:
Customize Your View continued
Resize/Reposition the Chat, Participant and Audio & Video panels by “detaching” and using your mouse to reposition or “stretch/shrink”. Each panel may be detached using the icon in the upper right corner of each panel.

Slide 8:
Technical Assistance
If you experience any technical difficulties during today’s session:
In webinar platform:  Send a private chat message to the host by double clicking “Great Lakes ADA” in the participant list. A tab titled “Great Lakes ADA” will appear in the chat panel.  Type your comment in the text box and “enter” (Keyboard - F6, Arrow up or down to locate “Great Lakes ADA” and select to send a message ); or 
By Email webinars@ada-audio.org; or 
Call 877-232-1990 (V/TTY) 

Slide 9:
Department of Justice
Olmstead Enforcement
Anne Raish, Deputy Chief
Disability Rights Section, Civil Rights Division
U.S. Department of Justice
November 19, 2013

Slide 10:
Olmstead is a top priority for 
DOJ’s Civil Rights Division
“Year of Community Living”
"The Olmstead ruling . . . articulat[ed] one of the most fundamental rights of Americans with disabilities: Having the choice to live independently. [T]his initiative reaffirms my Administration’s commitment to vigorous enforcement of civil rights for Americans with disabilities and to ensuring the fullest inclusion of all people in the life of our nation.”  President Obama June 22, 2009
DOJ Olmstead enforcement efforts 
approx 40 matters in 25 states over the past several years 

Slide 11:
Range of DOJ “Tools”
Investigations & Findings Letters leading to Settlement Agreements or Litigation
Intervention in private Olmstead litigation
Statements of Interest practice in private litigation on many Olmstead issues
Olmstead Technical Assistance Guidance
Olmstead website (www.ada.gov/olmstead)

Slide 12:
Segregated Residential 
Service Settings

Slide 13:
Settlement Agreements

Slide 14:
U.S. v. New York
Agreement between U.S., New York and proposed class of adults with mental illness in large NYC adult homes
Resolves litigation brought by New York P&A in 2003 alleging that State violates the ADA and Olmstead by relying on institutional adult homes to provide services to persons with MI
U.S. intervened following trial
Agreement must be approved by Court

Slide 15:
U.S. v. New York
Agreement provides relief to the roughly 4000 individuals with mental illness in 23 large adult homes in NYC
NY will provide supported housing to all eligible individuals with SMI in adult homes.  At least 2000 and potentially more than 4000 individuals will transition to supported housing

Slide 16:
U.S. v. New York
Agreement ensures individuals receive services needed to support them in supported housing
Services include ACT, mental health clinic services, personal care services, home health services, care coordination and crisis services
Person-centered planning to ensure informed choice and successful transition
Agreement will be monitored by independent reviewer

Slide 17:
U.S. v. Virginia Settlement Agrmt.
Reforms of entire ID/DD system; relief for more than 5000 people
HCBS waivers for people transitioning out of state-operated ICFs, youth transitioning from nursing homes and large ICFs,  and people with “urgent needs” on the waitlist (4200 waivers)
Family support program created for people on waitlists (1000 people) 
Full range of community-based crisis services (crisis hotline, mobile crisis teams, crisis stabilization programs) 
Expanded case management
Develop and implement Employment First policy and expansion of supported employment and integrated day opportunities
Integrated housing (including subsidies for independent living)
Expansive quality management system for community services

Slide 18:
U.S. v. North Carolina
Settlement provides community svs to  3,000+ people with mental illness in or at risk of entering adult care homes.
Services include supported housing, ACT, supported employment, transition supports, enhance QM, crisis services.
Second year of implementation. 

Slide 19: 
Steward v. Perry (Texas)
Case addresses persons with ID/DD in and at risk of entering nursing homes
Interim Agreement
While a comprehensive settlement is negotiated, Texas is expanding community alternatives:
New PASRR reviews of all current Texas nursing facility residents to identify those who have a developmental disability;
Service Planning Teams and Service Coordinators for all adults with developmental disabilities in nursing facilities or who are diverted from nursing facilities;

Slide 20: 
Steward v. Perry
Community supports:
635 home and community-based Medicaid waivers in current legislative biannium;
medical, nursing, and nutritional management supports and services, 
integrated day, employment, recreational and other activities.  
Diversion efforts:
identification of individuals with ID/DD at risk of entering nursing facilities, 
Education about community alternatives, and
Diversion Coordinators to identify and arrange community services for such individuals.

Slide 21:
Other Agreements in Implementation
US v. GA – community svs. for 1,000+ people in state DD facilities and on waitlist and 9,000+ people in or at risk of entering state psych hosp.
DD relief includes waivers, family supports, crisis services, and case management
US v. DE – community svs. for 3,000+ people in or at risk of entering state psych hospital and private facilities 
ACT, crisis services, supported housing, supported employment

Slide 22:
Ongoing Litigation Addressing
Segregated Service Settings

Slide 23:
U.S. v. Florida
Complaint filed in July 2013
U.S. alleges Florida violates the ADA and Olmstead by relying on nursing homes to provide services to children with significant medical needs

Slide 24:
U.S. v. New Hampshire
Case addresses people with MI in or at risk of entering state psych hospital and state-run nursing facility for people with MI

Slide 25:
Statements of Interest
DOJ has filed more than 35 statements of interest in Olmstead case since 2009
Statements put forth DOJ’s position on various Olmstead issues, including policies putting persons at risk of unnecessary institutionalization 
Statements filed in support of both plaintiffs and states

Slide 26:
Segregated Days
ADA and Olmstead not limited to where people live; also applies to how people spend their days:
Lane v. Kitzhaber (Oregon):  
Court found that ADA and Olmstead applies to all government services, programs and activities, including employment.  Rejected argument that only applies to residential services and programs. 

Slide 27: 
Segregated Days (cont’d)
US v. Oregon (Lane v. Kitzhaber)
Ongoing litigation
US v. Rhode Island and Providence
Settlement Agreement
US v. North Carolina
Settlement Agreement
US v. Delaware
Settlement Agreement
US v. Georgia
Settlement Agreement
US v. Virginia
Settlement Agreement

Slide 28:
Lane v. Kitzhaber
Complaint and Motion to Intervene– alleges Oregon administers the State’s employment, rehabilitation, vocational, and education service system such that people with disabilities are denied the benefits of the State’s vocational and employment services, programs, or activities in the most integrated setting.
Includes “at risk” class:  alleges Oregon fails to ensure that students with I/DD are provided with meaningful choices and preparation for work in integrated settings.

Slide 29:
Segregated Days (cont’d)
Lane v. Kitzhaber/U.S. v. Oregon (cont’d):  
Factual allegations in the complaint:
Over 52% of participants earn less than $3.00 per hour.  Some earn only a few cents per hour.
Individuals with ID/DD remain in sheltered workshops an average of 11-12 years.  Some remain for as long as 30 years. 
61% received services in segregated sheltered workshops, while only 16% received any services in individual supported employment. 

Slide 30:
Segregated Days (cont’d)
U.S. v. Rhode Island/City of Providence:
Found the state of Rhode Island and the City of Providence violated the ADA by overly relying on sheltered workshops to the exclusion of more integrated alternatives.
Vast majority of people in sheltered workshops could and want to be served in more integrated settings, like supported employment and integrated day settings.
Students with ID/DD at risk of unnecessary segregation in sheltered workshops.  In-school sheltered workshop served as pipeline to adult workshop; lack of transition services to prepare students for more integrated options (e.g., internships, part-time jobs, and work-based learning)

Slide 31:
Segregated Days (cont’d)
U.S. v. Rhode Island/City of Providence:  Interim Settlement Agreement
Provides relief  to: (1) Individuals currently at state’s largest sheltered workshop provider (TTP) or who have received services at TTP in the last year; (2) youth preparing to leave in-school sheltered workshop program (Birch) or who left Birch within the last two years; and (3) youth participating in the Birch program. 

Slide 32:
Segregated Days (cont’d)
U.S. v. Rhode Island/City of Providence:  Interim Settlement Agreement
Under the Interim Agreement, over the next year, the State and City will work together to:
Provide career development plans, vocational assessments, and benefits counseling for all individuals at TTP and all youth leaving, or who recently left, Birch.
Provide supported employment services and placements to all individuals at TTP and youth leaving, or who recently left, Birch;
Provide access to integrated transition services to Birch students through a youth transition planning process beginning at age 14; 

Slide 33:
Segregated Days (cont’d)
U.S. v. Rhode Island/City of Providence:  Interim Settlement Agreement (cont’d)
Adopt appropriate Employment First Policies (the State adopted an Employment First Policy in March 2013 but, under the Interim Agreement, the City of Providence will also adopt one);
Increase supported employment and integrated day service provider capacity;
Implement quality improvement programs for supported employment, day activity, and transition services.

Slide 34:
Guidance and Website
Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. (June 22, 2011)
Website:  www.ada.gov/olmstead
All settlement agreements, findings letters, briefs, guidance, testimony, speeches, etc.

Slide 35:
Contact Information
Anne Raish,  Deputy Chief		
Disability Rights Section
anne.raish@usdoj.gov
202-305-1321

Slide 36:			
Questions?

Slide 37:
Thank you for participating in today’s 
ADA-Audio Conference Session
The next scheduled session is:
“Questions and Answers with the EEOC”
December 17, 2013
www.ada-audio.org or 877-232-1990 (V/TTY