411 on disability disclosure

Upload: denise

Post on 14-Jan-2016

13 views

Category:

Documents


0 download

DESCRIPTION

.

TRANSCRIPT

  • THE

    ON411DISABILITYDISCLOSURE

    A W O R K B O O K F O R Y O U T H W I T H D I S A B I L I T I E S

  • Introduction

    iThe 411 on Disability Disclosure

    The National Collaborative on Workforce and Disability for Youth(NCWD/Youth) is composed of partners with expertise in

    disability, education, employment, and workforce developmentissues. NCWD/Youth is housed at the Institute for EducationalLeadership in Washington, DC. The Collaborative is charged with

    assisting state and local workforce development systems tointegrate youth with disabilities into their service strategies.

    Funded under a grant supported by the Office of DisabilityEmployment Policy of the US Department of Labor,

    grant # E-9-4-1-0070. The opinions contained in this publicationare those of the grantee/contractor and do not necessarily

    reflect those of the US Department of Labor.

    This document was developed by TransCen, Inc. for the National Collaborative on Workforce and Disability for Youth.

    Information on TransCen, Inc. can be found athttp://www.transcen.org/.

    Individuals may reproduce any part of this document. Please credit the source and support of federal funds.

    The suggested citation for this guide is as follows:

    National Collaborative on Workforce and Disability for Youth. (2005). The 411 on Disability Disclosure Workbook. Washington, DC:

    Institute for Educational Leadership.

    Information on the Collaborative can be found athttp://www.ncwd-youth.info/.

    Information about the Office of Disability Employment Policy canbe found at

    http://www.dol.gov/odep/.

    Information is also available athttp://www.disabilityinfo.gov/,

    the comprehensive federal websiteof disability-related government resources

  • ii

    Introduction

    The 411 on Disability Disclosure

  • Introduction

    iiiThe 411 on Disability Disclosure

    Introduction ............................................................................................................v

    Unit 1: Self-Determination the BIG Picture ..................................................1-1

    Unit 2: Disclosure What Is It and Why Is It So Important? ......................2-1

    Unit 3: Weighing the Advantages and Disadvantages of Disclosure..........................................................................................3-1

    Unit 4: Rights and Responsibilities Under the Law ..........................................4-1

    Unit 5: Accommodations ....................................................................................5-1

    Unit 6: Postsecondary Disclosure Why, When, What, to Whom, and How? ..............................................6-1

    Unit 7: Disclosure on the Job Why, When, What, to Whom, and How? ..............................................7-1

    Unit 8: Disclosure in Social and Community Settings Why, When, What, to Whom, and How? ..............................................8-1

    Glossary ..............................................................................................................G-1

    WORKBOOK CONTENTS

    3

  • iv

    Introduction

    The 411 on Disability Disclosure

    This workbook provides the expertise

    about disclosing a disability, and you

    provide the expertise about yourself.

  • Introduction

    vThe 411 on Disability Disclosure

    W hen you opened this workbook,you made an important decision!You made a decision to learnabout disability disclosure and what it canmean for you. This workbook provides theexpertise about disclosing a disability, andyou provide the expertise about yourself. Thisworkbook does not tell you what to do.Rather, it helps you make informed decisionsabout disclosing your disability, decisions thatwill affect your educational, employment, andsocial lives. In fact, making the personaldecision to disclose your disability can lead togreater confidence in yourself and yourchoices. Disclosure is a very personal decision,a decision that takes thought and practice.Both young people with visible disabilitiesand those with hidden (not readily apparentto others) disabilities can benefit from usingthis workbook.

    This workbook is for you if

    you want to understand yourself better;

    you want to understand your disabilitybetter;

    you want to explain your disability better toothers;

    you are deciding whether or not to discloseyour disability;

    you have decided to disclose your disabilitybut feel unprepared or uncomfortable withthis challenge;

    you wonder if disclosing your disabilitycould improve your educational, employ-ment, and social lives.

    The ultimate goal is for you to make aninformed choice about disclosing yourdisability. Remember, this decision maychange based on the particular person,situation or setting, and need foraccommodations. Trust your instincts! Theworkbook introduces numerous examples ofother young people struggling with thequestion of to disclose or not to disclose.If you decide to disclose your disability, webelieve this how to workbook offers you theinformation and practice opportunities youwill need to learn how to disclose mosteffectively. ENJOY!

    INTRODUCTION

  • vi

    Introduction

    The 411 on Disability Disclosure

    E ach unit contains a general statement of purpose, useful terminology, adiscussion section, and activities toallow you to understand and practice theideas presented throughout the unit. As youmove through each unit, you will gain theinformation necessary to make an informeddecision about disclosure. We encourage youto complete the units in order, as theinformation in each unit is dependent on theinformation in previous units.

    There is a sizeable amount of information toprocess and it may take several weeks to getthrough all of the units. It is important tobecome comfortable with many of theconcepts, especially self-determination andinformed choice, before moving on to otherunits concerning issues such as rights and

    responsibilities and accommodations. Whilemost of the activities can be completedindividually, some of the activities are meantto be completed in a small group. Make sureyou surround yourself with people you trustand who know you and your strengths.

    The following units provide activities to helpyou make some very important disclosuredecisions such as the following:

    Should I disclose?

    If I decide to disclose, who is an appropriate person to tell?

    When should I disclose?

    How much should I disclose?

    What should I disclose?

    SUGGESTIONS FOR USE

  • 1-1The 411 on Disability Disclosure

    T he purpose of Unit 1 is to introduce you to the process and the value of self-determination:making informed decisions through reflecting on and building on your strengths.Terminology provided in this unit will help you better understand the topic of self-determination. A questionnaire will help you examine your strengths in the area of self-determination and to consider some skills you would like to enhance. We strongly suggest thatyou read the discussion section on page 1-3.

    Y ou may know some of these words already, or you may have just heard them in passing.First, define these words as you understand them. Then, check your definitions against theglossary located in the back of this workbook. Here are the terms used in Unit 1:

    Accommodation ______________________________________________________________________

    ____________________________________________________________________________________

    Goals (long-term and short-term) ______________________________________________________

    ____________________________________________________________________________________

    PURPOSE

    Unit 1: Self-Determinationthe BIG Picture

    Accommodation

    Informed choice

    Self-determination

    Goals (long-term and short-term)

    Respect

    Values

    TERMINOLOGY X

  • 1-2

    UNIT 1: Self-Determinationthe BIG Picture

    The 411 on Disability Disclosure

    Informed choice ______________________________________________________________________

    ____________________________________________________________________________________

    Respect ______________________________________________________________________________

    ____________________________________________________________________________________

    Self-determination____________________________________________________________________

    ____________________________________________________________________________________

    Values ______________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    NOTES

    k

    3

  • UNIT 1: Self-Determinationthe BIG Picture

    1-3The 411 on Disability Disclosure

    O ne of the key ways that adults definethemselves and develop a sense ofidentity is through the many choicesthey have made throughout their lives. Youngpeople as well as adults often struggle withthe responsibility of making good decisions,oftentimes without accurate and completeinformation.

    Teenagers make important choices such aschoosing a part-time job, deciding whichclasses to take, selecting someone to date, anddeciding what to do in their free time. Thesedecisions arent always easy. Although someof these decisions may only have short-termeffects, other decisions will affect your life inthe long term. You will make some of thesedecisions on your own, while youll makeother decisions in partnership with parents,friends, teachers, or advisors. Remember thatsome decisions must be made without havingall of the necessary information available. Notall decisions can be well supported, but itsimportant to try to make the most informeddecision.

    Youth are rarely taught about informedchoice while in high school. Informed choiceis the process of making a decision afterconsidering relevant facts and weighing thepros and cons (positives and negatives) ofthe decision. Making informed choices is askill that must be practiced, encouraged,reflected upon (or thought about), and thenpracticed some more in order to be acquired.This process requires you to collectinformation before making a decision. Youmay be given information or you mayresearch information on your own (perhapsby going online or talking to people).

    Informed decision-making is a skill that youwill benefit from many times in your lifewhen you are required to make crucialdecisions.

    Self-determination is the desire, ability, andpractice of directing ones own life. It isoften referred to as The BIG Picturebecause it has so much to do with the personyou are and the person you want to be. Youcan think of it as an umbrella that covers thevery important and personal matters thatmake up you. A self-determined person canset goals, make decisions, see options, solveproblems, speak for him or herself,understand required supports, and evaluateoutcomes (Martin & Marshall, 1996). Being aself-determined person helps you to makeimportant choices and informed decisions inyour life based on your abilities, interests, andattitudes. Self-determined people acceptthemselves, respect themselves, and valuethemselves for who they are and what theyhave to offer to others.

    When people are self-determined, they canmore easily identify their short-term and long-term personal goals. Sometimes short-term

    DISCUSSION

    Self-determination is the desire,

    ability, and practice of directing

    ones own life. It is often referred

    to as The BIG Picture because

    it has so much to do with the

    person you are and the person

    you want to be.

  • 1-4

    UNIT 1: Self-Determinationthe BIG Picture

    goals are steps you take to get to your long-term goal. In addition, self-determinedindividuals understand that some personalgoals (whether short-term or long-term) canbe reached independently, while alsorecognizing that all people seek out others tohelp them achieve all their goals. Self-determination empowers people to seekassistance when needed.

    One important decision that many youngpeople face is whether or not to disclose theirdisability. The decision to disclose a disabilitybelongs solely to the person with thedisability. Disability disclosure is a verypersonal choice and should definitely be aninformed choice. If you have a disability, thereare no requirements that you disclose yourdisability to anyone at any time, but in orderto receive accommodations at work or inschool, you must disclose.

    If you do not require accommodations, it isgenerally not necessary to disclose. A self-determined person with skills in makinginformed choices will be better equipped to

    make this important decision about disclosureafter trying some of the strategies likeweighing the pros and cons and consideringall the facts. If you decide to disclose yourdisability after thoughtful reflection on thesubject, it is important to practice disclosingeffectively with people whom you respectand trust, and who know you and yourstrengths well.

    Its not easy to share information about yourdisability with others. This workbook wascreated to help you make an informeddecision about whether or not to discloseinformation about your disability and toprepare you to disclose information aboutyourself and your disability in an effectivemanner if necessary.

    Complete the questionnaire on the followingpage to see just how much you know aboutyourself and your disability. Your answers canlead to an interesting discussion about yourstrengths and limitations, and how toaccentuate and improve your skills in certainareas.`SELF-DETERMINATIONSetting long-term and short-term goalsAchieving goalsMaking informed decisions independentlyMaking informed decisions with othersKnowing when to seek help Understanding my strengthsDescribing my strengths to othersUnderstanding my disability and limitationsDisclosing (or not) my disability to othersDescribing my disability to othersKnowing which accommodations are effectivein school and at work

    The 411 on Disability Disclosure

  • Complete the questionnaire below. For each question, check the box (Yes, Sometimes, or No) that best describes yourself

    Questions YES SOMETIMES NO

    UNIT 1: Self-Determinationthe BIG Picture

    1-5The 411 on Disability Disclosure

    ACTIVITY:JUST WHAT DO YOU KNOW ABOUT YOURSELF AND YOUR DISABILITY?

    1. Do you know what you do well in school?

    2. Do you know what you do well outside of school?

    3. Can you easily explain your skills and strengths to other people?

    4. Do you know how you learn best?

    5. Do you inform your teacher how you learn best?

    6. Do you inform your employer how you learn best?

    7. Do you ask for help when you need it?

    8. Do you take responsibility for your own behavior?

    9. Do you feel proud of yourself?

    10.Do you set long-term and short-term goals foryourself?

    11.Do you create lists for yourself to help you achieveyour goals?

    12.Are you present at your own IEP or 504 meetings?

    13.Do you participate in your own IEP or 504meetings?

    14.Do you disclose your disability to others?

    15.Do you like the reaction you get when you informsomeone about your disability?

    16.Do you practice disclosing your disability toothers?

    17.Do you describe your disability differentlydepending on the setting or the people?

    18.Are there times you choose not to tell someoneabout your disability?

    19.Do you know what reasonable accommodationmeans?

    20.Do you know what accommodations you need inschool in order to be successful?

    21.Do you know what accommodations you need onthe job in order to be successful?

  • 1-6

    UNIT 1: Self-Determinationthe BIG Picture

    The 411 on Disability Disclosure

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    If you answered YES to many of thequestions, you should be very proud ofyourself! You definitely have a good sense ofyourself and your disability. This meansyoure on the road to being a very self-determined individual! Of course you realizethat there will always be room forimprovement. Reflect on the questions youanswered with a NO, and create some short-term goals designed to strengthen your areasof limitations.

    If you answered SOMETIMES to many ofthe questions, you possess some very goodskills in understanding yourself and yourdisability, but you have some specific areasthat need to be developed. Once you haveidentified your strengths (the questions youanswered with a YES), list the other areas that

    need work (the questions you answered with aNO) and prioritize them. Decide which areasof need are most important to focus on rightnow, and create some short-term goals tobegin to strengthen your weaker spots.

    If you answered NO to many of thequestions, you are at the beginning stage ofunderstanding yourself and your disability.Take the next step and seek out others whomyou trust and who know you well; ask themto help you sort out your areas of strengthsand needs (you probably have more strengthsthan you realize). Share the results of thequestionnaire with these individuals and askthem for assistance in developing some short-term goals for the purpose of gaining a betterunderstanding of yourself.

    NOTES

    k

    22.Do you practice asking for the accommodationsyou need in school?

    23.Do you practice asking for the accommodationsyou need on the job?

    Questions YES SOMETIMES NO

    3

  • UNIT 1: Self-Determinationthe BIG Picture

    1-7The 411 on Disability Disclosure

    Areas of need can be turned into areas ofstrength if you make a conscious effortand understand that this

    transformation wont happen overnight. Lookover the results on the questionnaire anddetermine the areas you need to work on.Then develop three short-term goals thataddress these areas of need. Read the examplebelow before completing the activity.

    Remember, the only goal you cant achieve is the one you dont attempt!

    Example:If you answered NO to Question #1 (Do youknow what you do well (what your strengthsare) in school?), you may need to reflect onyour areas of strengths and get input aboutyour strengths from others who are familiarwith you, such as your friends, parents,coaches, teachers, and employers. Make a listof the strengths they mention and select threeof these strengths to develop goals around.

    For example, Mira has identified her strengthsin the areas of math, computers, and art. Shehas also identified her area of need as explainingher disability.

    Now, keeping these strengths in mind (forexample, math, computers, and art) answerthe following questions:

    Question 1: How can I use my strengths toimprove my areas of need?

    Answer #1: Mira has difficulty describing herdisability in writing or words (area of need), butshe can use her artistic abilities to explain herdisability through images. This would also showpeople that while she has a disability in some

    areas, she still excels in other areas such as art.

    Question #2: What short-term goals can Idevelop to highlight these strengths?

    Answer #2: Mira can join an extracurricularactivity, such as the school newspaper orvolunteer to maintain the school website, ordesign sets for school plays.

    Question #3: How can I use these strengthsto reach my employment goals?

    Answer #3: She can research which careers needpeople with strong skills in math, computers,and art. She may look into the graphic artscareer field that interests her and highlights herskills. Maybe she can find a part-time job orinternship in an art store or informationtechnology firm.

    Question #4: How can I use these strengthsto reach my social goals?

    Answer #4: Mira would like to broaden hercircle of friends, but she finds it difficult to meetnew people. She will try to meet a few newpeople in her extracurricular activities and ather part-time job who have similar interests. Shecould also invite someone to an art exhibit.

    Question #5: How can I use these strengthsto reach my academic/educational goals?

    Answer #5: Mira wants to improve her gradesin English class this semester. She couldimprove her grade by talking to her teacherabout using her artistic or technical skills tosupplement her writing assignments or usingthese skills to aid in writing her finalassignment.

    Now, you try:

    ACTIVITY: SELF-DETERMINED SHORT-TERM GOALS

  • 1-8

    UNIT 1: Self-Determinationthe BIG Picture

    The 411 on Disability Disclosure

    List your strengths noted on the questionnaire and any other strength you have identified.

    ____________________________________________________________________________________

    Talk with others and list the strengths that they mention. ________________________________

    ____________________________________________________________________________________

    Select three of these strengths to focus on in this activity.

    1. __________________________________________________________________________________

    2. __________________________________________________________________________________

    3. __________________________________________________________________________________

    Focusing on these three strengths, answer the following questions:

    Question 1: How can I use my strengths to improve my areas of need? ____________________

    ____________________________________________________________________________________

    Question #2: What short-term goals can I develop to highlight these strengths? ____________

    ____________________________________________________________________________________

    Question #3: How can I use these strengths to reach my employment goals? ________________

    ____________________________________________________________________________________

    Question #4: How can I use these strengths to reach my social goals? ______________________

    ____________________________________________________________________________________

    Question #5: How can I use these strengths to reach my academic and educational goals?____

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  • 2-1The 411 on Disability Disclosure

    T he purpose of Unit 2 is to introduce you to the concept of disclosure. Terminologyprovided in this unit will help you better understand this topic. We strongly suggest thatyou read the discussion section on page 2-2.

    Y ou may know some of these words already, or you may have just heard them in passing.First, define these words, as you understand them. Then check your definitions against theglossary located in the back of this workbook. The following terms are used in Unit 2:

    Disclosure __________________________________________________________________________

    ____________________________________________________________________________________

    Sensitive information ________________________________________________________________

    ____________________________________________________________________________________

    Confidential ________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    PURPOSE

    Unit 2: DisclosureWhat Is It andWhy Is It So Important?

    TERMINOLOGY

    Confidential

    Disclosure

    Sensitive information

    X

  • 2-2

    UNIT 2: DisclosureWhat Is It and Why Is It So Important?

    The 411 on Disability Disclosure

    W hen you tell someone somethingthat was previously unknown,you are practicing disclosure.Disclosure comes from the word disclose,which means to open up, to reveal, or to tell.The term disclosure is used in differentways by different groups of people. Forexample, if you want to buy a house and needa loan, or if you need a loan for your collegeeducation, you must disclose, or share, yourpersonal financial information with a loanofficer at the bank. This information mightinclude your income, savings and checkingaccount information, any property you own,any debt you have, and any other relevantfinancial information.

    When you disclose, you are intentionallyreleasing personal information aboutyourself for a specific purpose. Somepersonal information, such as your SocialSecurity number, banking records, or medicalrecords may be important to keepconfidential. It is important to keep in mindthat your decision to disclose, is personal andshould be helpful to you. Remember that it isnot essential to divulge specific personalinformation about your disability. What ismost important and helpful is to provideinformation about 1) how your disabilityaffects your capacity to learn and performeffectively, and 2) the environment, supports,and services youll need in order to access,participate in, and excel in your job, studies,and community. You must decide what andhow much of this sensitive information isnecessary to reveal in order to obtain theneeded accommodations.

    Here are some examples of disclosure. First,you might disclose your disability to a

    potential employer in order to receive neededjob accommodations. Second, you mightdisclose your disability to new friends whohave invited you to a concert because youneed accessible seating close to the stage inorder to see. Third, you might disclose yourdisability to your track coach because yourmath tutoring sessions overlap with trackpractice after school. Fourth, if you areapplying for Social Security benefits, it iscrucial for you to have your personalinformation related to your disability in orderand ready to share with your benefitscounselor. This may mean having yourmedical records, educational records, andrecommendation letters organized. On theother hand, if you are applying for a disabledparking permit, you do not need to discloseall your medical and disability-relatedpaperwork, but you only need to have averification form completed by your medicaldoctor.

    Lets look at some examples in which anindividual made the informed decision todisclose his or her disability in order toreceive needed accommodations:

    Joe is deaf and will need an interpreter for acollege interview.

    Joan, who is on the track team, has insulin-dependent diabetes and might need the

    DISCUSSION

    One of the most personal decisions

    you will make as a person with a

    disability is whether or not to tell

    someone about your disability.

  • UNIT 2: DisclosureWhat Is It and Why Is It So Important?

    2-3The 411 on Disability Disclosure

    E ffective disclosure occurs when you are knowledgeable about your disability and are ableto describe both your disability-related needs and your skills and abilities clearly.Answering the questions below will help you effectively disclose your disability shouldthe time come when youve decided disclosure is the best action.

    Describe your disability-related needs: What needs related to your disability must beaccommodated in order for you to be successful? For example, Sally needs all the writtenmaterial at school and work to be in large print to accommodate her visual disability.

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ACTIVITY

    help of her teammates if her blood sugar islow.

    Carlo, who has attention deficit disorder(ADD), needs directions in written formbecause he misses steps when they arepresented orally.

    Stephanie uses a wheelchair and has apersonal assistant, who helps her with filingpaperwork in vertical filing cabinets, tofacilitate her job as a chief financial officer.

    Colleen has schizophrenia (which is

    currently controlled with medication) andneeds a private workspace or dividers inher work area to limit distractions and makeher time at work more productive.

    Justin is autistic and needs a highlystructured learning environment thatfocuses on his individual needs, whichinclude development of social skills,language, and self-help.

    Melanie has dwarfism and needs a lowerlocker at school.

    k

  • 2-4

    UNIT 2: DisclosureWhat Is It and Why Is It So Important?

    The 411 on Disability Disclosure

    Describe your skills and abilities (think about what you do well at school, at home, at work,and in the community):

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    Scenario: Jesse has chosen to share information about his disability with his mentor at themanufacturing plant. He has decided to tell his mentor, Joe, about his poor reading skills anddifficulty comprehending the new equipment training manuals. Jesse believes it is essential hetell Joe because he will need to miss work to attend training sessions that demonstrate use ofthe new equipment and verbally present the new information.

    Now, think about what it is about yourself or your disability that may need to be revealed tothe following people AND why it would be important to reveal information to this personabout your disability:

    College professor: ____________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    Potential employer: __________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  • UNIT 2: DisclosureWhat Is It and Why Is It So Important?

    2-5The 411 on Disability Disclosure

    New friend: ________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    d. Community member (store owner, bank teller, police officer, etc.): ______________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    e. Family member: __________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    Disability support service worker or coordinator: ________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________k

    NOTES 3

  • ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    2-6

    UNIT 2: DisclosureWhat Is It and Why Is It So Important?

    The 411 on Disability Disclosure

    NOTES

    k

    3

  • 3-1The 411 on Disability Disclosure

    T he purpose of Unit 3 is to help you determine the advantages and disadvantages ofdisclosing your disability. It is only after considering all of the options that you can makean informed decision. Terminology provided in this unit will help you better understandthis topic. We strongly suggest that you read the discussion section on page 3-3.

    Y ou may know some of these words already, or you may have just heard them in passing. First,define these words as you understand them. Then check your definitions against the glossarythat is located in the back of this workbook. The following terms are used in Unit 3:

    Advantages __________________________________________________________________________

    ____________________________________________________________________________________

    Disadvantages________________________________________________________________________

    ____________________________________________________________________________________

    Impact ______________________________________________________________________________

    ____________________________________________________________________________________

    Unit 3: Weighing the Advantages &Disadvantages of Disclosure

    PURPOSE

    TERMINOLOGY

    Advantages

    Disadvantages

    Self-image

    Impact

    Self-advocacy

    X

  • 3-2

    UNIT 3: Weighing the Advantages and Disadvantages of Disclosure

    The 411 on Disability Disclosure

    Self-image __________________________________________________________________________

    ____________________________________________________________________________________

    Self-advocacy ________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    NOTES

    k

    3

  • UNIT 3: Weighing the Advantages and Disadvantages of Disclosure

    3-3The 411 on Disability Disclosure

    Only you can decide whether or not youwill want to disclose your disability (orany other sensitive information) to

    others. Read what one high school studenthad to say about the issue of disclosing adisability:

    As with most important informed decisionsyou will make during your lifetime, there areboth advantages and disadvantagesassociated with the decision to disclose. Onthe one hand, disability disclosure can openup opportunities for you to participate inactivities that you may have avoided (or inwhich you have been unable to participate),and help you put into place a strong supportsystem. On the other hand, its downrightscary to tell someone something personalwhen there are no assurances that they willreact positively to your news.

    What follows is a summary of advantagesand disadvantages to disclosure. This list is byno means exhaustive, but it may give yousome good information to think about.Remember, what may seem a disadvantage inone setting or situation may be an advantagein another.

    Advantages of disclosure: It allows you to receive reasonable

    accommodations so that you can pursuework, school, or community activities moreeffectively.

    It provides legal protection againstdiscrimination (as specified in theAmericans with Disabilities Act).

    It reduces stress, since protecting a secretcan take a lot of energy.

    It gives you a clearer impression of whatkinds of expectations people may have ofyou and your abilities.

    It ensures that you are getting what youneed in order to be successful (for example,through an accommodation or medication).

    It provides full freedom to examine andquestion health insurance and otherbenefits.

    It provides greater freedom to communicateshould you face changes in your particularsituation.

    It improves your self-image through self-advocacy.

    It allows you to involve other professionals(for example, educators and employmentservice providers) in the learning of skillsand the development of accommodations.

    It increases your comfort level.

    Disadvantages of disclosure: It can cause you to relive bad past

    experiences that resulted in the loss of a jobor negative responses from your peers.

    DISCUSSION

    I used to be ashamed about my

    disability and the fact that I

    couldnt read very well or very fast,

    but as I have gotten older, I know

    that I need to explain how I work

    and learn best to my boss. Now,

    I feel like I am a good employee.

  • 3-4

    UNIT 3: Weighing the Advantages and Disadvantages of Disclosure

    The 411 on Disability Disclosure

    It can lead to the experience of exclusion.

    It can cause you to become an object ofcuriosity.

    It can lead to your being blamed ifsomething doesnt go right.

    It can lead to your being treated differentlythan others.

    It can bring up conflicting feelings aboutyour self-image.

    It can lead to your being viewed as needy,not self-sufficient, or unable to perform onpar with peers.

    It could cause you to be overlooked for ajob, team, group, or organization.

    Disclosing personal and sensitiveinformation can be extremely difficult andembarrassing.

    Consider the list above and talk to peopleclose to you, such as friends (both with andwithout disabilities), teachers, mentors,coaches, parents, and others. First, decidewhether or not you will need reasonableaccommodation(s) in the classroom, on thejob, or elsewhere in your community. If youdo, of if you think you might, consider thepersonal advantages of disclosure.

    Next, consider developing a personalphilosophy about disclosure. What does itreally mean to be a person with a disability?How does it affect your life? Only you cananswer that question, because even peoplewith the same disability feel differently andexperience things differently. Read belowabout one students philosophy on disclosure.

    In the next unit, you will learn about how thelaw protects you if you choose to disclose.

    My work mentor really convinced me that having a learning disability is

    nothing to be ashamed of. He made me realize that Im not dumb, and Im

    not stupid. Ive learned that you must be an advocate for yourself, otherwise

    you get trampled. So, I go full force. Its something Ive always done in

    my life; just get behind everything 110%. A cliche, but its because with my

    disability Ive always had to work harder, it seems, than everyone else.

  • UNIT 3: Weighing the Advantages and Disadvantages of Disclosure

    3-5The 411 on Disability Disclosure

    Read each scenario carefully. Discuss and list some of the advantages and disadvantages todisclosing the sensitive information in each scenario.Scenario 1 (Employment): Liz is 16 years old and eager to get her first real job. She hasapplied for a position working with five- and six-year-old children in an after-school daycare program. The director of the program calls to tell Liz that she has the job and shewants Liz to come in and see her the next day. Liz wonders if she should tell the directorthat she was hospitalized after a seizure when she was 10 years old, but has not had onesince then. Liz participates in several in- and out-of-school activities, and gets regularcheck-ups with her doctor. Think about the impact of Liz disclosing her seizure to herpotential employer. What are the advantages or disadvantages of disclosing?

    Advantages: ______________________________________________________________________

    __________________________________________________________________________________

    __________________________________________________________________________________

    __________________________________________________________________________________

    Disadvantages: ____________________________________________________________________

    __________________________________________________________________________________

    __________________________________________________________________________________

    __________________________________________________________________________________

    Scenario 2 (Postsecondary education): Calvin is extremely shy but excited about startingcollege. He is registering for his first semester of classes and realizes that all freshmen arerequired to take public speaking. Calvin stutters severely when he speaks, especiallyaround new people. Consider Calvins self-image and his concern about his stuttering.Would it be to Calvins advantage or disadvantage to disclose his disability to his potentialprofessors, classmates, and roommates?

    ACTIVITY

  • 3-6

    UNIT 3: Weighing the Advantages and Disadvantages of Disclosure

    The 411 on Disability Disclosure

    Advantages: ______________________________________________________________________

    __________________________________________________________________________________

    __________________________________________________________________________________

    __________________________________________________________________________________

    Disadvantages: ____________________________________________________________________

    __________________________________________________________________________________

    __________________________________________________________________________________

    __________________________________________________________________________________

    Scenario 3 (Social setting): Brandy has cerebral palsy and requires the use of a wheelchair.Brandy has been invited to a pool party by one of her classmates on the weekend. Brandycannot swim without help. If she goes to the pool party, someone will have to accompanyher in the water, and all her friends will see. Think about the impact of Brandys disclosingher disability to her friends. What are some of the advantages or disadvantages ofdisclosure?

    Advantages: ______________________________________________________________________

    __________________________________________________________________________________

    __________________________________________________________________________________

    __________________________________________________________________________________

    Disadvantages: ____________________________________________________________________

    __________________________________________________________________________________

    __________________________________________________________________________________

    __________________________________________________________________________________

  • UNIT 3: Weighing the Advantages and Disadvantages of Disclosure

    3-7The 411 on Disability Disclosure

    C omplete the matching activity below and reflect on how these famous people havesurpassed the expectations of others to become leaders in their fields. The followingfamous people are individuals diagnosed with specific learning and other disabilities.Match each paragraph to the person it best describes. Write the letter of the correct persons namein the blank to the left of the paragraph. The answers are provided at the end.

    1. _____ I am currently a very popular movie star. Some of the movies I have starred in are JerryMaguire, Top Gun, and The Last Samurai. I learn my lines by listening to a tape because Ihave dyslexia.

    2. _____ Fans remember me best for my performance in the movies The Color Purple andSister Act, but I am also a comedian. I have struggled with a learning disability all my life.

    3. _____ I was slow in school and had a hard time doing my work. I didnt do anything well untilI realized a real strength of mine was drawing. I became a well-known cartoonist and movieproducer. Some famous amusement parks have my name.

    4. _____ I have always had to deal with my disability. My weakest area has always been math.However, even though I cannot balance a checkbook, I have become a movie star and won anOscar for my lead in Moonstruck. My daughter, Chastity, has learning disabilities, too.

    5. _____ When I was a child, an overseer struck me. The blow fractured my skull causing me tohave narcolepsy for the rest of my life. I rescued hundreds of slaves through the UndergroundRailroad.

    6. _____ As a boy, I had such a severe stutter that, for eight years, I refused to talk and wasfunctionally mute. Today, I am the voice of CNN and Bell Atlantic. I am also known for being thevoice of Darth Vader in the original Star Wars movie.

    7. _____ I love to write mystery stories and plays. One of my favorite plays is The Mousetrap.My learning disability is in the area of writing. My disability is so severe that I dictate my storiesfor others to type for me.

    8. _____ I am the first hearing-impaired actress to win an Oscar. I won a 1987 Academy Award forBest Actress in Children of a Lesser God.

    a. Thomas Edison

    b. Agatha Christie

    c. Albert Einstein

    d. Whoopi Goldberg

    e. James Earl Jones

    f. Cher

    g. Tom Cruise

    h. Ann Bancroft

    i. Walt Disney

    j. Leonardo Da Vinci

    k. Harriet Tubman

    l. Marlee Matlin

    m. Chris Burke

    n. Lucille Ball

    o. Carrie Fisher

    ACTIVITY: FAMOUS PEOPLE MATCHING

  • 3-8

    UNIT 3: Weighing the Advantages and Disadvantages of Disclosure

    The 411 on Disability Disclosure

    9. _____ I always had trouble learning. My teachers said I was obnoxious and had artistictalent. During my lifetime, my artistic talent was expressed through architecture, painting,sculpture, and engineering. One of my best-known paintings is the Mona Lisa.

    10. _____ I had to struggle in school with dyslexia. I was part of a polar expedition in 1986 andwas the first woman to reach the North Pole.

    11. _____ My teachers thought I was slow and a dreamer. I didnt learn to read until I was nine. Icouldnt get into college until I spent an extra year in preparation. After many failed jobs, Ideveloped the theory of relativity.

    12. _____ Because my head was very large at birth, people thought I was abnormal. My mothertook me out of school and taught me. As an adult, I created the electric light bulb and thephonograph.

    13. _____ I was known as the Queen of physical comedy. I had severe rheumatoid arthritis as ayoung woman while working as a model. I went on to star and produce a hit comedy on televisionwith my husband Desi Arnaz.

    14. _____ I was born with Downs Syndrome and the doctors told my parents that I should beplaced in an institution. My parents ignored the doctors advice and I grew up to be a televisionstar and public speaker on disabilities. I played Corky on Life Goes On.

    15. _____ I was known for playing Princess Leia in the Star Wars series. I have a mental illnesscalled manic depression and now take daily medication to help me.

    Adapted from Tools for Transition (1991). AGS American Guidance Service, Inc. Circle Pines, Minnesota 55014-1796. Permission to reproduce this form is hereby granted by the publisher.

    Answers:

    a. Thomas Edison

    b. Agatha Christie

    c. Albert Einstein

    d. Whoopi Goldberg

    e. James Earl Jones

    f. Cher

    g. Tom Cruise

    h. Ann Bancroft

    i. Walt Disney

    j. Leonardo Da Vinci

    k. Harriet Tubman

    l. Marlee Matlin

    m. Chris Burke

    n. Lucille Ball

    o. Carrie Fisher

    1. g

    2. d

    3. i

    4. f

    5. k

    6. e

    7. b

    8. l

    9. j

    10. h

    11. c

    12. a

    13. n

    14. m

    15. o

  • 4-1The 411 on Disability Disclosure

    T he purpose of Unit 4 is twofold: first, to provide you with an overview of how systems andprotective laws change when you leave high school and enter the adult world; andsecond, to provide you with a basic overview of the Americans with Disabilities Act andhow this law pertains to your life as a person with a disability. Terminology provided in this unitwill help you better understand these topics. We strongly suggest that you read the discussion onpage 4-3

    Y ou may know some of these words already, or you may have just heard them in passing.First, define these words as you understand them. Then check your definitions against theglossary that is located in the back of this workbook. The following terms are used in Unit 4:

    Accessible __________________________________________________________________________

    ____________________________________________________________________________________

    Adult services ________________________________________________________________________

    ____________________________________________________________________________________

    Unit 4: Rights & ResponsibilitiesUnder the Law

    PURPOSE

    TERMINOLOGY

    Accessible

    Adult services

    CompensatoryStrategies

    Disability (under the ADA)

    Discrimination

    Eligibility

    Entitlement

    Free appropriate public education

    (FAPE)

    Hidden disabilities

    Visible disabilities

    X

  • 4-2

    UNIT 4: Rights and Responsibilities Under the Law

    The 411 on Disability Disclosure

    Compensatory Strategies ______________________________________________________________

    ____________________________________________________________________________________

    Disability (under the ADA)____________________________________________________________

    ____________________________________________________________________________________

    Discrimination ______________________________________________________________________

    ____________________________________________________________________________________

    Eligibility____________________________________________________________________________

    ____________________________________________________________________________________

    Entitlement __________________________________________________________________________

    ____________________________________________________________________________________

    Free appropriate public education (FAPE) ______________________________________________

    ____________________________________________________________________________________

    Hidden disabilities __________________________________________________________________

    ____________________________________________________________________________________

    Visible disabilities____________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    NOTES 3

  • UNIT 4: Rights and Responsibilities Under the Law

    4-3The 411 on Disability Disclosure

    H ave you ever broken a bone, had acast, or needed to use crutches, abrace, or a sling? What was it like foryou? What kind of help did you receive fromfriends, family, and teachers? Maybe peopleopened doors for you, helped you copy downyour homework, or provided extra time tocomplete assignments. Temporary conditionssuch as broken bones are short term andgenerally heal over time. A disability, on theother hand, is constant and life-long.

    Some disabilities are visible which meansthey can be seen by others (for example, ifyou use a wheelchair or the service of a guidedog), while some disabilities are hidden (suchas learning disabilities, ADD/ADHD,epilepsy, depression, or bipolar disorder).Some people are born with disabilities whileothers acquire their disabilities later in life.

    Believe it or not, the term disability is noteasily defined. Disability is defined one wayfor students up through twelfth grade, andin a different way for individuals inpostsecondary education and the workworld.

    IDEA Definition of Disability: The Individuals with Disabilities EducationAct or IDEA defines disability for youngpeople up through twelfth grade. Further, theIDEA identifies 13 categories of disability.These federal categories help states todetermine who is eligible for specialeducation supports and services in publicschools.

    The IDEA recognizes these 13 categories ofdisability:

    Autism, Deaf-blindness, Deafness,Emotional disturbance, Hearingimpairment, Mental retardation,Multiple disabilities, Orthopedicimpairment, Other health impairment*,Specific learning disability, Traumaticbrain injury, Speech or languageimpairment, Visual impairmentincluding blindness

    * Attention Deficit Disorder (ADD) or Attention DeficitHyperactivity Disorder (ADHD) as a primary disability is often

    placed in this category of Other Health Impairment.

    For more detail on the definition of eachcategory, seehttp://ericec.org/digests/e560.html.

    In addition, the IDEA mandates that youngpeople with disabilities are entitled to a freeappropriate public education (FAPE). Thismeans that if you are receiving specialeducation services the services, supports, andaccommodations you need will be providedat no cost to you.

    While you are in elementary or secondaryschool, a team of people works on your behalfto make sure that you receive the most

    DISCUSSION

    Disability is defined one way for

    students up through twelfth grade,

    and in a different way for individuals

    in postsecondary education and

    the work world.

  • 4-4

    UNIT 4: Rights and Responsibilities Under the Law

    The 411 on Disability Disclosure

    appropriate education. At least once a year,this team (including you and your parents)meets to make sure that you are showingprogress and receiving the neededaccommodations to be successful in yourclasses. An Individualized EducationProgram (IEP), a set of personal goals andobjectives, is developed for the next schoolyear based on the meetings conversation andyour plans for the future. While you are inschool, there is no need for you to ASK foraccommodations because the IDEA says theymust be arranged and provided for by theteam of people working on your behalf. Inother words, you are not required to self-disclose your disability in order to qualify forthe supports and services available.

    However, after high school, the only wayyou will receive the accommodations youmight need is to ask for them yourself. Thisis why were making such a big deal aboutbeing self-determined. Remember, if youreceived supports in high school, it isprobably due to family members andprofessionals making decisions (with and foryou) based on the laws surrounding IDEA(the law that created the special educationsystem that exists today) and you didnt needto request the supports. The laws protectingyou while you are in elementary andsecondary school are laws around anentitlement system. The focus remains onyour disability and what the best educationalprogram should be based on your strengthsand needs. The services provided to you maychange over time depending on a lot offactors, including your progress and newfederal policy initiatives. Essentially, theprocess remains the same from year to yearand you meet every year with your familyand professionals to establish a plan for thenext year.

    ADA Definition of Disability: When you graduate or exit from the publicschool system, the way you are defined as aperson with a disability changes as do thelaws that protect you and provide for theaccommodations you may need to besuccessful in postsecondary institutions or inthe workplace. While IDEA is the law thatseemed to protect you while you were inschool, other laws such as the Americans withDisabilities Act, the Workforce InvestmentAct, and the Health Insurance Portability andAccountability Act protect you when you exitschool and enter college, adult education, andwork world.

    A person qualifies as having a disabilityunder the Americans with Disabilities Act(ADA) if they meet at least one of thefollowing three conditions:

    1. A physical or mental impairment that sub-stantially limits one or more major life activ-ities (such as walking, talking, seeing, read-ing, learning, working, etc.);

    2. A record of such impairment (for example,people with a history of cancer or mental ill-ness); or

    3. A perception by others as having an impair-ment (such as a person with a disfiguringfacial scar, or a person rumored to be HIVpositive).

    When you exit school and enter college, adulteducation, or the world of work, the only wayyou can receive the accommodations youneed is to ask for them yourself. That is whyits important to understand yourself, yourdisability, and your accommodation needs forboth postsecondary settings and work. It isalso important to understand the laws thatprotect you in case you decide to disclose

  • UNIT 4: Rights and Responsibilities Under the Law

    4-5The 411 on Disability Disclosure

    your disability. The purpose of the ADA is toextend to people with disabilities civil rightsprotections similar to those already availableto people on the basis of race, color, nationalorigin, and religion through the Civil RightsAct of 1964.

    Basically, the ADA prohibits discriminationon the basis of disability in five general areas:

    Private sector employment

    Activities of states and local governments

    Places of public accommodation

    Transportation

    Telecommunication services

    Prior to the passage of the ADA in 1990, itwas legal for businesses to discriminateagainst people with disabilities in thesesituations. The ADA was enacted becausepeople felt there needed to be a law thatprohibits (or makes illegal) discriminationagainst people with disabilities.

    Now fast forward to high school graduationor exit. The adult world is a very differentplace than high school. It is at this time thatyou will be entering a system of eligibility;this means that you must meet certainrequirements to participate in this system.This system is quite different from a system ofentitlement (one in which certain benefits,services, or programs are expected to beprovided because it is written as law). It is atthis time that you and your family are facedwith an array of adult service providers,postsecondary institutions, and others whoare all asking one question: Do you meet theeligibility requirements of this program? Ofcourse, various programs may offer differentservices and have different eligibility

    requirements. You are left to try to determinewhich will be the most beneficial to you, andwhether you are eligible for those programs.Once you graduate or exit high school, youare no longer ENTITLED to services andsupports; rather, you become ELIGIBLE foradult services and supports based on yourparticular situation, your disability, and yourability to disclose necessary information.

    Remember that graduation or exit from highschool doesnt mean that the services andaccommodations you needed while in highschool arent needed anymore. Lots of youngpeople think that once they leave school theirdisability is unimportant or disappears. Theyhavent figured out that the academic servicesand accommodations they received while inhigh school will be needed for life (although,of course, in different ways).

    On the other hand, some of you may havedeveloped compensatory strategies (thingsthat you did to help you balance for certaintroubles you were having) while you were inhigh school, and have a good handle on whatyou need to be successful in college or on thejob. For example, perhaps you tend to forgetinformation that is presented visually, but canremember information when it is presentedorally. A compensatory strategy would be touse a tape recorder during classes and to relyon verbal instructions to relay information.

    Keep in mind that although there are laws inplace that entitle you to services and supportswhile you are in high school, once you leaveschool and are in the system of eligibility, youstill can receive protections againstdiscrimination due to your disability. Youhave certain rights that allow you to challengedecisions made concerning your eligibility.

  • 4-6

    UNIT 4: Rights and Responsibilities Under the Law

    The 411 on Disability Disclosure

    One example is the non-discrimination clauseof the Workforce Investment Act (WIA). Thenon-discrimination clause, which is in place toprotect individuals from discrimination, statesthat no individual shall be excluded fromparticipation in, denied the benefits of,subjected to discrimination under, or deniedemployment in the administration of or inconnection with, any such program or activitybecause of race, color, religion, sex, nationalorigin, age, disability, or political affiliation orbelief.

    Another example is the Health InsurancePortability and Accountability Act (HIPAA).This act was made into law in 1996, and itprotects you and your family by allowingyour health insurance to continue despitechanges in employment status or transitionperiods between jobs. In addition, HIPAAaddresses the security and privacy of yourhealth records. There are now rules and limitson who can look at and receive your healthinformation. Some of the information that isprotected includes the following:

    Information your doctors, nurses, or otherhealth care professionals put in yourmedical record;

    Conversations your doctor has about yourcare or treatment with nurses and others;

    Information about you in your healthinsurers computer system; and

    Billing information about you at a healthcare facility.

    Another example is the Client AssistanceProgram (CAP). This service can assist andadvocate for you if you are having concernsor problems with Vocational Rehabilitation orthe Commission for the Blind or IndependentLiving Centers. CAP can provide assistance inseveral ways:

    Informing and advising you of benefitsavailable under the Rehabilitation Act;

    Helping you communicate your concerns toyour counselor;

    Helping you resolve your concerns if youdisagree with a decision;

    Helping you understand the rules,regulations, and procedures of an agency;and

    Protecting your rights under the FederalRehabilitation Act.

    Additional information summarizing some ofthe pieces of legislation that we talked aboutin Unit 4 as well as information summarizingpieces of legislation that may potentially affectyou in the future, is available in Appendix Bin the back of this unit beginning from page 4-16 to 4-18.

  • UNIT 4: Rights and Responsibilities Under the Law

    4-7The 411 on Disability Disclosure

    T he following activity is designed to help you define your disability in order to understandyourself better and begin to identify some of the accommodations you may need afterleaving high school. Use these questions and prompts to begin thinking about theseimportant issues.

    1. In your own words, describe what the term disability means to you. __________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    2. Describe your disability in clear, concise terms. ______________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    3. Describe how your disability may affect your postsecondary education efforts. __________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    4. What accommodations, if any, will you need in college? (Think about what structures orservices were put in place for you at school to help you perform on the same level as the restof your classmates.)

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ACTIVITY: DEFINING YOUR DISABILITY

  • 4-8

    UNIT 4: Rights and Responsibilities Under the Law

    The 411 on Disability Disclosure

    5. Describe how your disability may affect your work performance. ______________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    6. What accommodations, if any, will you need at work? (Remember that many of the skillsnecessary in school are also necessary at work.)

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    NOTES

    k

    3

  • UNIT 4: Rights and Responsibilities Under the Law

    4-9The 411 on Disability Disclosure

    R ecognizing discrimination when it occurs is an important first step in confronting andeliminating it. Read the following examples and identify who is being discriminatedagainst and in what way. Reflect on how you would feel if you were the person with thedisability in each example. How would you handle the situation?

    Laura goes to a restaurant.Laura goes with her friends to a pizza parlor. There are stairs to the entrance but noramp. When Laura and her friends request assistance to get into the building, themanager refuses, citing liability risk.

    Your reaction: ________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    John applies for a job.John wants a job after school to earn money to buy his first car. He goes to a local subshop and asks for an application. He has trouble completing the job application becauseof his learning disability in reading. He asks if the application could be read to him. Thepersonnel director says, No, you must complete the application on your own.

    Your reaction: ________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ACTIVITY: RECOGNIZING DISCRIMINATION

  • 4-10

    UNIT 4: Rights and Responsibilities Under the Law

    The 411 on Disability Disclosure

    Tyrell enrolls in a class.Tyrell has a learning disability. He is a freshman in college and is required to take awriting course. His disability makes it very difficult to complete his writing assignmentson time. When he discloses his disability to the professor, the professor suggests hewithdraw from the class.

    Your reaction: ________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    NOTES

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________k

    3

  • UNIT 4: Rights and Responsibilities Under the Law

    4-11The 411 on Disability Disclosure

    U sing the basic facts about the ADA on pages 4-14 to 4-15 in Appendix A at the back ofthis unit, form a small group and develop a collage poster on one of the five Titles of theADA using pictures and words from magazines, newspapers, the Internet, or othersources. Remember that the collage is meant to communicate information about the selectedTitle to its viewers. Here are some suggestions for getting started.

    Employment Group (Title I): Think about all of the different steps it takes to get a job (that is,everything from the application to the interview). Think about the employers who haveresponsibilities under the ADA and the individuals who are protected.

    State and Local Government Group (Title II): Think about all the activities in yourcommunity that are funded by the state or local government. Consider the rights andresponsibilities of both individuals with disabilities and government entities (includingschools and transportation).

    Public Accommodations Group (Title III): Read through the description of publicaccommodations and find pictures and words reflecting these supports and services.

    Telecommunications Group (Title IV): Think about the groups of people with disabilitiesthat use telecommunication tools and assistive technology most often at school and in theworkplace. Include information about a relay center.

    Miscellaneous Provisions Group (Title V): Think about requirements relating to theconditions surrounding insurance, construction, and design regulations by the U.S. AccessBoard.

    ACTIVITY: SMALL GROUP POSTER ACTIVITY

    NOTES____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    3

  • 4-12

    UNIT 4: Rights and Responsibilities Under the Law

    The 411 on Disability Disclosure

    1. ______________________________________

    2. ______________________________________

    3. ______________________________________

    4. ______________________________________

    5. ______________________________________

    6. ______________________________________

    7. ______________________________________

    8. ______________________________________

    9. ______________________________________

    10. ____________________________________

    Agency #1: __________________________________________________________________________

    Contact person: ____________________________________________________________________

    Telephone and email: ______________________________________________________________

    Eligibility criteria: __________________________________________________________________

    How to apply for services: __________________________________________________________

    4-12 The 411 on Disability Disclosure

    I n the beginning of this unit, wepresented the different legal definitionsof disability. Believe it or not, there areeven more ways to define disability in theadult-services world. The definitions reflecteligibility criteria such as your financialsituation, the severity of your disability, andyour age, among other characteristics. Inorder to be eligible for adult services, youneed to meet the eligibility criteria establishedfor each specific service you are requesting. Inthis activity, you will explore your own

    eligibility and the services you might benefitfrom. First, create a list of adult serviceproviders in your community (there are linesto identify 10 providers in your community you might or might not fill in all 10 lines).Second, choose three services you are mostlikely to need as an adult and research theirspecific eligibility criteria. You should use thefollowing resources (and any others you thinkof) to obtain this information: websites,telephone calls, letters, and email. Keep thisinformation for future reference.

    ACTIVITY: IDENTIFYING ADULT SERVICE PROVIDERS & ELIGIBILITY CRITERIA

  • UNIT 4: Rights and Responsibilities Under the Law

    4-13The 411 on Disability Disclosure 4-13The 411 on Disability Disclosure

    Agency #2: __________________________________________________________________________

    Contact person: ____________________________________________________________________

    Telephone and email: ______________________________________________________________

    Eligibility criteria: __________________________________________________________________

    How to apply for services: __________________________________________________________

    Agency #3: __________________________________________________________________________

    Contact person: ____________________________________________________________________

    Telephone and email: ______________________________________________________________

    Eligibility criteria: __________________________________________________________________

    How to apply for services: __________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    NOTES 3

    k

  • 4-14 The 411 on Disability Disclosure

    Title I Employment Employers may not discriminate against an

    individual with a disability in hiring orpromotion if the person is otherwisequalified for the job.

    Employers can ask about ones ability toperform a job, but prior to offering a jobthey cannot inquire if someone has adisability or requires medical examinations.

    Employers cannot use tests that tend toscreen out people with disabilities unlessthe tests measure job-related skills.

    Employers need to provide reasonableaccommodation to individuals withdisabilities. This includes steps such as jobrestructuring and modification ofequipment.

    Employers do not need to provideaccommodations that impose an unduehardship on business operations.

    Who needs to comply:

    Private employers with 15 or moreemployees.

    State and local government employers,regardless of how many employees theyhave.

    Title II State and Local Governments State and local governments may not

    discriminate against qualified individualswith disabilities.

    State and local government agencies mustmake reasonable modifications to theirpolicies and procedures to allow equalopportunities for individuals withdisabilities to participate.

    All government facilities, services, andcommunications must be accessibleconsistent with the requirements of section504 of the Rehabilitation Act of 1973.

    All new construction must be accessible.

    New public transit buses must be accessibleto individuals with disabilities.

    Transit authorities must provide comparableparatransit or other special transportationservices to individuals with disabilities whocannot use fixed route bus services, unlessan undue burden would result.

    Existing rail systems must have oneaccessible car per train.

    New rail cars must be accessible.

    New bus and train stations must beaccessible.

    Unit 4: Appendix A

    Basic Facts about theAmericans with Disabilities Act

  • UNIT 4: Rights and Responsibilities Under the Law APPENDIX A

    4-15The 411 on Disability Disclosure

    Key stations in rapid light and commuterrail systems must be made accessible byJuly 26, 1993, with extensions up to 20 yearsfor commuter rail (30 years for rapid andlight rail).

    All existing Amtrak stations must beaccessible by July 26, 2010.

    Title III Public Accommodations Private businesses such as restaurants,

    hotels, banks, and retail stores may notdiscriminate against individuals withdisabilities.

    Auxiliary aids and services must beprovided to ensure effectivecommunications with individuals withvision or hearing impairments, unless anundue burden would result.

    Physical barriers in existing facilities mustbe removed, if removal is readilyachievable. If removal is not readilyachievable, alternative methods ofproviding the services must be offered, ifthey are readily achievable.

    All new construction and alterations offacilities must be accessible.

    Title IV Telecommunications Companies offering telephone service to the

    general public must offer telephone relayservices to individuals who usetelecommunications devices for the deaf(TDDs) or similar devices.

    All television public service announcementsproduced or funded in whole or in part bythe federal government include closedcaptioning.

    Title V Miscellaneous Provisions Title V includes information regarding the

    ADAs relationship with other federal andstate laws such as the Rehabilitation Act of1973.

    Retaliation and coercion are prohibited.

    The U.S. Congress and the agencies of thefederal legislative branch are covered;discrimination against individuals withdisabilities is prohibited in employment andother programs.

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    NOTES 3

  • 4-16 The 411 on Disability Disclosure

    Unit 4: Appendix BSummary of Legislation

    Americans with Disabilities Act(ADA)

    The ADA prohibits discriminationon the basis of disability inemployment, public entities, publicaccommodations, transportation,telecommunications, andrecreation.

    http://www.ada.gov

    Assistive Technology (AT) Act The Assistive Technology Actrequires states and territories toconduct activities related to publicawareness, interagencycoordination, technical assistance,and training and outreach topromote information about andaccess to assistive technologydevices and services.

    The AT Act also authorizes theAssistive Technology AlternateFinancing Program to assist peoplewith disabilities in accessing thetechnology that they need.

    AT Act:http://www.section508.gov/docs/AT1998.html

    Assistive Technology AlternateFinancing Program:http://www.resna.org/AFTAP/state/index.html

    Developmental DisabilitiesAssistance and Bill of Rights Act

    The Developmental DisabilitiesAssistance and Bill of Rights Actrequires that people withdevelopmental disabilities and theirfamilies receive the services andsupports they need and participatein the planning and designing ofthose services.

    http://www.acf.hhs.gov/programs/add/DDACT2.htm

    Legislation Summary Resource

    Individuals with DisabilitiesEducation Act (IDEA)

    The IDEA guarantees youth withdisabilities FAPE. Individuals areentitled to an education and relatedservices.