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What is a “

d i s A B I L I T Y

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• A physical or mental impairment that substantially limits one or more of the major life activities of such individual • A record of such an impairment • Being regarded as having such and impairment.

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What is a developmental disability?

Federal definition: same, but impairment must substantially limit three or more major life activities

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What is a

Learning

Disability?

A life-long disorder in one or more of the central nervous system processes related to input processing information output

What is a Major Life Function?

caring for oneself performing manual tasks walking seeing hearing speaking breathing learning working ADA REGS 1630.2 DEFINITIONS

A Learning Disability IS NOT:

Below average intelligence Mental retardation Visual or hearing impairment A result of poor education Cultural or ethnic origins The result of mental, physical or emotional impairment

FEDERAL DEFINITION OF SUBSTANTIALLY LIMITS THE MAJOR LIFE ACTIVITY OF "WORKING”:

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SIGNIFICANTLY RESTRICTED IN THE ABILITY TO PERFORM:

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A CLASS OF JOBS, OR

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A BROAD RANGE OF JOBS IN VARIOUS CLASSES

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THE INABILITY TO PERFORM A SINGLE PARTICULAR JOB IS NOT A SUBSTANTIAL LIMITATION. ~ AMERICANS WITH DISABILITIES ACT REGULATIONS 1630.2 DEFINITION

Federal Definition of Major Life Activity Functions such as: caring for oneself performing manual tasks walking seeing hearing speaking breathing learning working ADA REGS 1630.2 DEFINITIONS

• Recipients of federal funds are required to adhere to federal laws regarding employment or services to people with disabilities.

• Records pertaining to an individual’s disability must be kept confidential.

• Vendors, contractors, training or service providers must also adhere to these federal and state laws in recruitment, selection, or hiring. Next

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“Only recently has there been an understanding that the presence of undiagnosed learning disabilities in a high percentage of low-income people greatly impedes governmental efforts to effectively provide a wide range of services aimed at alleviating poverty in this population. “

U.S Department of Health and Human Services (DHHS), Administration for Children and Families (ACF) June 1995

Percent of Total U.S. Population on Welfare, 1960 - 1999

6.00% 5.00% 4.00% 3.00% 2.00% 1.00% 0.00% 60 65 70 80 85 90 95 97 99

National TANF Data Dept. of Health & Human Service

2002

• 90% Female • 60% One Adult Recipient • Average non-TANF Wage/Month $580 • Reason for Moving Off Welfare: 19.7% Employment 22.2 % failure to cooperate 12.1% State Policy 6.5% Sanction 39.5% other reasons

“THE LEARNING DISABLED IN EMPLOYMENT AND TRAINING PROGRAMS” ISSUED BY THE U.S. DEPARTMENT OF LABOR - 1991

REPORTS STATE THAT: • 50-80% OF ADULTS WITH LOW READING SKILLS (BELOW 5-7th GRADE LEVEL) MAY HAVE A LEARNING DISABILITY • 15-23% IN FEDERALLY FUNDED JOB TRAINING PROGRAMS MAY HAVE A LEARNING DISABILITY, AND; • 25 TO 40 PERCENT ON WELFARE MAY HAVE LEARNING DISABILITIES.

Findings of Pilot Efforts Regarding Learning Disabilities and Welfare Populations:

Washington State (1994-1997)

Department of Social and Health Services - three sites 48% LD 5% Mild Mental Retardation

Kansas (1995-1997)

Department of Social and Rehab Services - three sites 30% LD 10% Mild Mental Retardation

Virginia - (1998-2000)

Department of Social Services - nine sites 61% LD 10% “Functional disabilities”

THE THREE USES OF THE TERM

LD LD - Learning Differences LD - Learning Difficulties LD - Learning Disabilities

Who Is Covered By Civil Rights Laws?

• THERE IS NO CIVIL RIGHTS PROTECTION FOR HAVING A LEARNING DIFFERENCE . • THERE IS NO CIVIL RIGHTS PROTECTION FOR HAVE LEARNING DIFFICULTIES • THERE IS CIVIL RIGHTS PROTECTION FOR HAVING A DISABILITY - INCLUDING LEARNING DISABILITIES .

Laws on Disability

Rehabilitation Act of 1973, Sections 503 and 504 Americans with Disabilities Act of 1990 (ADA) Florida Civil Rights Act of 1992 Workforce Investment Act of 1998 (WIA) Florida ADA Implementation Act (Also called the Florida Accessibility Act) Next

Section 504 of the Rehabilitation Act of 1973, as amended

Prohibited basis/bases of discrimination • disability Applicability • employment • service delivery

Applicable to programs or activities receiving federal financial assistance

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Americans with Disabilities Act of 1990, as amended

Prohibited basis/bases of discrimination • disability Applicability • employment • public services and transportation • telecommunications services • public accommodations Next

Florida Civil Rights Act of 1992

Prohibited basis/bases of discrimination • race • religion • national origin • marital status • • color • sex • age handicap Applicability • employment

Note:

§110.105(2), Florida Statutes, prohibits discrimination on the basis of political affiliation with regard to employees of state government.

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Workforce Investment Act of 1998

Prohibited basis/bases of discrimination • race • color • religion • sex • national origin • age • disability • political affiliation or belief • citizenship or status as a lawfully admitted immigrant authorized to work in the United States • participation in any WIA Title I-financially assisted program or activity Applicability • employment • service delivery

citizenship / immigrant status and participation apply only to program beneficiaries

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A Guide for Funding Services for Children and Families through the TANF Program

“States should start with the assumption that

they may use these funds in innovative ways to achieve the critical goals laid out in the TANF statute.” (page 3)

“Arrange for the State’s vocational rehabilitation

agency or similar provider to provide assessment, evaluation, assistive, technology and equipment, and vocational rehabilitation services to needy individuals who have physical or mental disabilities, but would not otherwise receive services.” (page 17)

Children’s Defense Fund, “Wasting America’s Future”

1994

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Living in poverty increases the likelihood of children having a learning disability by 30%. (Sherman, 1995, p79). 65.4% of households with a student with a specific learning disability have an annual income of less than $25,000. Martha Coutinho, “Secondary Education & Beyond,” (LDA, 1995)

•Genetic defects •Endocrine gland dysfunction •Pre-natal malnutrition •Maternal substance abuse •Birth trauma •Diet •Chronic illness (ear infections, etc.) •Early childhood high fevers •Lead poisoning •Oxygen deprivation •Accidents •Toxins US Dept of Labor -1991

Reasonable Accommodations

• In Federal law "reasonable accommodations," is defined as: modifications or adjustments . . . that enable a qualified individual with disability to perform essential functions (of a job or activity).

{ADA regulation. Section 1630.2(o)} • A qualified individual is: an individual with a disability who . . . with or without reasonable accommodations, can perform the essential functions (of the activity).

{ADA regulation Section 1630.2(m)

TYPES OF LEARNING DISABILITIES

• ACADEMIC DIFFICULTIES: • DYSLEXIA INABILITY OR REDUCED ABILITY TO READ • DYSCALCULIA INABILITY OR REDUCED ABILITY TO DO MATH • DYSGRAPHIA ABILITY TO WRITE INABILITY OR REDUUCED

( From “Steps to Independent Living” by Dale Brown

TYPES OF LEARNING DISABILITIES

• AUDITORY PERCEPTUAL PROBLEMS: 

AUDITORY DISCRIMINATION PROBLEMS

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No Difference Between "Th" And "F", "M" And “N”

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AUDITORY FIGURE-GROUND PROBLEM

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Hearing Over Background Noise

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AUDITORY SEQUENCING PROBLEM

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Hearing 49, Instead Of 94

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Or "Treats” Instead Of "Street” ( From “Steps to Independent Living” by Dale Brown

TYPES OF LEARNING DISABILITIES

• CATASTROPHIC RESPONSE: - INVOLUNTARY REACTION TO TOO MANY SIGHTS, SOUNDS OR EXTREME EMOTIONS OR OTHER STRONG STIMULI • DIRECTIONAL PROBLEM: - TROUBLE TELLING LEFT FROM RIGHT • MEMORY PROBLEM, SHORT TERM: - TROUBLE REMEMBERING: NAMES, NUMBERS, SPECIFIC FACTS, WHAT HAPPENED A FEW MINUTES AGO.

TYPES OF LEARNING DISABILITIES

• TACTILE PERCEPTUAL PROBLEM:

IMMATURE TACTILE SYSTEM - Problems With Soft Touching TACTILE DEFENSIVENESS - Avoiding Being Touched TACTILE DISCRIMINATION PROBLEM - Problems Determining Differences in Similar Objects

TYPES OF LEARNING DISABILITIES VISUAL PERCEPTUAL PROBLEM

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VISUAL FIGURE-GROUND PROBLEM - Trouble Seeing A Specific Image

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VISUAL SEQUENCING PROBLEM - TROUBLE SEEING THINGS IN ORDER

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VISUAL DISCRIMINATION PROBLEM - TROUBLE SEEING THE DIFFERENCE BETWEEN SIMILAR OBJECTS (V AND U)

CONTINUUM OF NEUROLOGICAL DISORDERS POSSIBLE WITH LEARNING DISABILITIES - From Dr. Larry Silver • LANGUAGE DISABILITY • MOTOR DISABILITY • ATTENTION DEFICIT /HYPERACTIVITY DISORDER • CHRONIC-MOTOR/TIC DISORDER/TOURETTES • OBSESSIVE COMPULSIVE DISORDR • COMPULSIVE DISORDER

COMORBID PSYCHIATRIC DISORDERS - From Dr. Larry Silver

INTERNALIZED:

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ANXIETY

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EXTERNALIZED:

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DEPRESSION OPPOSITIONAL DEFIANT/CONDUCT DISORDER

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SUBSTANCE ABUSE:

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BORDERLINE PERSONALITY DISORDER ALCOHOL

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DRUGS

Estimated Rates of Adults with LD Documentation • While schools are identifying about 5% with LD, • While the estimates run as high as 15-20% of adults with LD • While adult education and literacy programs have estimated ranges of 30-70% LD.

• IT IS ESTMIATED THAT LESS THAN 1% OF ADULTS WITH LD HAVE PROPER DOCUMENTATION.

The “4 R’s” for Adults with Learning Disabilities

• RECOGNITION Until a person is recognized as a person with a disability, they are just a person failing for no apparent reason.

• REMEDIATION Addressing the literacy, work and social competency needs of persons with disabilities require specific approaches.

• REHABILITATION - “ Goodness of Fit” should be a cornerstone of job training.

• REASONABLE ACCOMMODATION Workplace and educational accommodations will be needed, regardless of other interventions.

Consumer Empowerment

• There needs to be a weaving of consumer empowerment throughout the whole process. – The consumer should be informed about and participates in the process.

– The consumer needs information to make informed decisions. – The consumer needs to understand screening, testing, rights, and appropriate employment options with the use of accommodations.

On-going support

• on-going support for the person with LD once they are in the employment setting.

– to be able to keep their current position – to prepare for movement into the next (higher paying) position.

On-going supports, con’t.

• On-going supports should include: – training in the use of accommodations and assistive technology – job coaching – mentoring – literacy skill development – on-the-job personal relationship training.

Job Accommodation Network

Helping employees with disabilities and managers achieve an adaptive and welcoming Public Service work environment

The Job Accommodation Network (JAN) is not a job placement service, but an international toll-free consulting service that provides information about job accommodations and the employability of people with disabilities. JAN also provides information regarding the Americans with Disabilities Act (ADA). Please take a few moments to surf around and find out about our free services. Click on "Points of Interest" for our table of contents.

http://www.jan.wvu.edu

www.ldonline.org

Here’s a sampling of assistive technology resources useful to students and adults with learning disabilities:

•Keyboard Alternatives •Keyboard/Mouse Interface Software •Portable Word Processing Alternatives •Word Prediction Software

•Text-To_Speech •Screen Reading Software •Optical Character Recognition Software •Writing/Composing Software •Spelling Checkers, Dictionaries, •& Thesauruses •Assistive Technology Information Sites •Speech Recognition •Data Organization •Books on Disc/Tape •Variable Speech Control •Listening Aides •Talking Calculators

Accommodating Adults with Disabilities in Adult Education Programs University of Kansas Institute for Adult Services

FOR INFORMATION or to FILE A COMPLAINT, CONTACT: Office for Civil Rights Agency for Workforce Innovation 107 E. Madison Tallahassee, Florida 32399 4129 Phone: 850-921-3201 FAX: 850-921-5080E-Mail: [email protected]

TTY - FLORIDA RELAY SERVICE (FRS): 1-800-955-8771 TTY IN SPANISH (FRS): 1-877-955-8773TTY IN FRENCH CREOLE (FRS): 1-877-955-8707

Call to get information about: employee rights employer responsibilities reasonable accommodations other available ADA assistance End