Element 5.

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Integrated Settings

Old vs. new paradigm

• Old belief: that people with
disabilities were “defective” and should be kept segregated from “normal” people • Current Federal policy/law: that people with disabilities should receive services in "the most integrated setting appropriate to the needs" of those people
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5.4: Most Integrated Setting
• One-Stop programs/partners must:
 Administer programs and activities in the most integrated setting possible  Not provide segregated aid, benefits, services, or training to people with disabilities unless necessary to provide services as effective as those provided to others; and  Let qualified people with disabilities participate in integrated programs or activities, even if lawful “special” programs / activities exist
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What is segregation?
• Are you (or is your Center)
excluding, or providing different or separate services for/to:
 all people with disabilities?  all members of a particular class of people with disabilities?  specific individuals with disabilities?

• If yes, it’s segregation – you must
determine whether it’s lawful

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Is the segregation lawful?
• Can you / your Center prove:
 that the segregation is necessary? (see next slide)  that you provide alternate services that are actually as effective as services for people without disabilities?  that you perform an individualized assessment before referring a particular customer with a disability to the segregated program or activity?  that the ultimate decision whether to participate in the segregated program 5 or activity is left up to the customer?

When is segregation “necessary”?
• Reg language: “in order to provide
customers with disabilities with programs or activities that are as effective as those provided to customers without disabilities” • It’s not “necessary” simply because:
 your facilities aren’t accessible  serving/employing people with disabilities in an integrated setting is expensive or inconvenient
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Examples of unlawful segregation • When you refer all customers with
disabilities (or all customers with a specific disability) to:
 a particular program, such as Vocational Rehabilitation  a separate, “special” service provider

• When you permit individual staff

members to make such across-theboard referrals
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More examples of unlawful segregation

• When you serve customers with

disabilities, or require employees with disabilities to work, in locations that are physically isolated
 “disabled computer” in separate room away from others

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More examples of unlawful segregation
(cont’d)

• When you automatically place

customers with particular disabilities in, or refer them to, employment in sheltered workshops rather than competitive, integrated work environments • When you exclude all students who will receive “special disability diplomas”
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Group Exercise: Is this a lawful instance of segregation?
Purpose:  To determine whether a particular instance of segregation satisfies the requirements. Tasks:
 Your EO monitoring team has discovered several instances in which a particular recipient is separating customers with disabilities from other customers. Your team’s job is to determine whether each of these instances is lawful.
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Group Exercise: Is this a lawful instance of segregation? (cont’d)
Tasks (cont’d):
 Divide into small groups, read the case that has been assigned to your team, and discuss whether this instance of segregation is justified under the regulations.  If you need additional information before making a decision, determine what information is missing and why it is needed.  Have the designated team member briefly describe the case, and explain your team’s conclusions and reasoning 11 about the case, to the class.