Disability Rights Iowa supports people with disabilities to live, work, and learn in the community of their choice with necessary supports and services.
Community Integration
Advocate for people with disabilities to move from institutions to the community with all supports and services they are entitled.
Individuals with disabilities have the right under the Americans with Disabilities Act and the U.S. Supreme Court’s Olmstead decision to receive services in the most integrated setting. Individuals with disabilities have the right to move from an institution into the community of their choice, and to receive necessary services and supports in their home. Community Inclusion means having the right to make independent decisions regarding where to live, how to receive your services, and being fully included in the community.
Possible DRI activities to accomplish the goal:
- Review the State of Iowa’s plan for closure of Glenwood Resource Center and provide advocacy to individuals to transition to the community
- Provide advocacy to institutionalized individuals on home and community-based services (HCBS) and supports available to transition to the community
- Conduct targeted outreach to individuals at Woodward Resource Center and Glenwood Resource Center and their families/guardians to know their rights about living in the community
- Collaborate with other agencies and organizations to promote community integration of state resource center residents
- Monitor Nursing Facilities to identify residents who are inappropriately placed and would like to move to the community
Community Based Supports and Services
Advocate for people with disabilities to remain living in the community of their choice with the necessary supports and services they are entitled to, and are not at risk of being placed in an institution.
Individuals with disabilities have the right under the American’s with Disabilities Act and the U.S. Supreme Court’s Olmstead decision to receive services in the most integrated setting. Selecting where to reside and where to receive necessary services and supports is one of the most impactful decisions regarding independence.
Possible DRI activities to accomplish this goal:
- Review and address any systemic issues in managed care to ensure the State’s compliance with relevant state and federal laws
- Provide advocacy to individuals not receiving person centered planning
- Research possible options to address lack of HCBS settings
- Educate Policy Makers on lack of due process in involuntary discharge from HCBS settings
- Review and advocate for Iowa’s compliance with the home and community-based settings rule of the Center for Medicare and Medicaid Services
Medicaid Services Supports
Ensure access to Medicaid long-term services and supports, including durable medical equipment and Early, Periodic, Screening, Diagnosis and Treatment for children up to the age of 21.
Iowa has privatized its Medicaid system. Medicaid recipients have experienced many issues in the delivery of necessary services under managed care, especially individuals receiving long-term services and supports. This subjects people currently living in the community at risk of unnecessary institutionalization and segregation due to cost-cutting measures and flawed implementation of the service delivery system. Medicaid members with disabilities are entitled to durable medical equipment that is required because of their medical condition. When the equipment is medically necessary, reasonable, and used for a medical purpose, Medicaid should approve it. Examples of durable medical equipment include but not are limited to manual and power wheelchair, hospital and/or safety beds, standing frames, etc. Under the Early Periodic Screening Diagnosis and Treatment (EPSDT) provisions of the Medicaid Act, children under the age of 21 have the right to receive regular screening and medically necessary treatment, including, but not limited to crisis services, mental health counseling, case management and in-home services and supports. Iowa children and adolescents need adequate, effective, and appropriate services to correct or ameliorate their conditions.
Possible DRI activities to accomplish the goal:
- Provide legal representation in the grievance and appeal processes including but not limited to state fair hearings, to individuals for whom specific long-term care services and/or DME have been denied, reduced or terminated
- Provide legally based advocacy and representation to children in administrative appeals when they are denied their rights under the EPSDT provisions of the Medicaid Act by a managed care organization or the Iowa Department of Human Services
- Evaluate the capacity and adequacy of children’s behavioral and mental health services in Iowa and provide systemic advocacy where needed
Assistive Technology
Increasing assistive technology and services for adults and children with disabilities at school, home, work, facilities, and in the community
Technology has become one of the main engines for economic activity, education, and innovation in the United States. Advancements in technology profoundly impact individuals with disabilities. Assistive technology (AT) devices are items, pieces of equipment, or product systems which increase, maintain, or improve the functional capacities of individuals with disabilities, maintain health and enhance independence. AT services are any service that directly assists an individual with a disability in selecting, acquiring, or using AT devices. However, assistive technology is often underfunded and individuals with disabilities do not realize the assistive technology that they might use to increase, maintain or improve their functional capacities. By increasing access to and understanding of assistive technology for individuals with disabilities in Iowa, more individuals will be able to fully engage in their community.
Possible DRI activities to accomplish this goal:
- Provide individual and systemic advocacy to assist individuals with disabilities in securing assistive technology
- Increase awareness of rights to available assistive technology by conducting outreach to students, parents, school staff, caregivers and organizations
Employment – Reasonable Accommodation
Advocate for employees and job applicants with disabilities to ensure that reasonable accommodations are provided.
Congress enacted the Americans with Disabilities Act over thirty years ago with the goal of eradicating discrimination based on disability. Congress intended to create a world where individuals with disabilities have the opportunity for full inclusion, full access, equal opportunity, independence and self-sufficiency. Engaging in competitive employment is key to achieving these goals set by Congress. More than three decades after the ADA, only_19.1 percent of the workforce comprises people with disabilities.
Possible DRI activities to accomplish the goal:
- Provide legally-based advocacy or representation to applicants or employees who need reasonable accommodations in their workplace
- Provide legally-based advocacy or representations to applicants or employees limited to administrative proceedings before the Iowa Civil Rights Commission and/or the Equal Employment Opportunity Commission based on denial of workplace accommodations
Benefits Planning
Providing planning and assistance to Social Security beneficiaries who want to return to work, but are fearful of losing essential supports.
Individuals receiving social security disability benefits often do not realize that Social Security provides various work incentives to enable beneficiaries to explore employment and ease the transition from benefits when returning to part-time or full-time work. They may need help from skilled benefit planners who can help them understand this process and create a clear, viable transition plan based on their individual employment goals.
Possible DRI activities to accomplish this goal:
- Provide comprehensive benefit planning assistance to individuals who are interested in, actively looking for, or already engaged in work through wage employment or self-employment
- Receive and follow-up on referrals from the Ticket to Work Help Line and/or DRI Intake Process for benefits planning services
- Provide outreach and services regarding benefits planning to individuals with disabilities, particularly transition-aged youth and other underserved populations
- Partner with Employment Networks, disability service providers, and other organizations/agencies serving individuals with disabilities to educate staff on benefits planning and referring beneficiaries for support.
Employment – Vocation Services and Employment Networks
Assisting individuals who want to use employment services to navigate vocational services or other Employment Networks
People with disabilities can and should work in the community if they receive sufficient supports, services and reasonable accommodations. However, many individuals with disabilities are struggling to navigate complex bureaucracies, and secure needed services.
Possible DRI activities to accomplish the goal:
- Assist beneficiaries to understand and advocate for themselves within the Iowa Vocational Rehabilitation system
- Provide legally-based advocacy or representation to eligible individuals who received improper or inadequate services from an employment network, service provider, services provided by Iowa Vocational Rehabilitation Services, or other entities involved in the individual’s work effort
Barrier to Employment
Assist Social Security beneficiaries with barriers to employment.
In addition to employment discrimination Social Security beneficiaries experience other barriers to work. Disability Rights Iowa helps Social Security beneficiaries maintain employment and pursue a career with greater confidence.
Possible DRI activities to accomplish this goal:
- Provide advocacy to beneficiaries with Social Security overpayments when such overpayments are barriers to work
- Address systemic barriers within our state’s transportation system to support Iowan’s with disabilities struggling to receive services
- Provide outreach and assist PABSS eligible transition aged students with disabilities to prepare for post-secondary education or work experiences
Education – Challenging Behaviors
Keep students with challenging behaviors in school all day and assist them in making adequate progress in the curriculum
Students with challenging behaviors related to their disability need to be in school and in their classroom all day so that they can receive specially designed instruction from qualified special educators. Research has shown that frequent use of suspensions or expulsions has no educational benefit, is strongly associated with low achievement, increases the risk of a student dropping out, and creates a greater likelihood of juvenile justice involvement. The use of shortened school days and other similar exclusionary measures in lieu of appropriate positive behavioral supports and services can be a violation of federal and state laws. The inappropriate and overuse of restraint and seclusion is not only dangerous but also keeps students with challenging behaviors from valuable instructional/learning time. The use of SROs/Police in lieu of providing the appropriate positive behavioral supports and services also results in loss of instructional/learning time as well as increases the numbers of youth with disabilities in the delinquency system. All of these exclusionary measures disproportionately impact students with disabilities, particularly BIPOC and LGBTQI+ students with disabilities.
Possible DRI activities to accomplish the goal:
- Provide students who have been suspended for 10+ days in a school year or have been subject to other exclusionary disciplinary measures such as a shortened school day, restraint, seclusion, or inappropriate use of SROs/Police, legal assistance and advocacy ensure appropriate behavioral supports and services in the least restrictive environment
- Train parents and students regarding their rights with respect to discipline issues
- Provide TA to ASK Resource Center and other advocacy/provider agencies regarding the legal rights of students with disabilities with respect to school exclusionary measures
- Conduct targeted outreach to under-served populations of youth with disabilities, especially BIPOC and LGBTQI+ youth, who are disproportionately suspended, expelled, restrained, secluded, and have disproportionate contact with SROs/police, as well as their families and professionals who work with these youth
- Engage in various government and non-government taskforces and collaborate with community activist/advocacy organizations to make systemic change in this area of educational services for students with disabilities
- Engage in systemic advocacy to address the widespread use of shortened school days for special education students with challenging behaviors
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