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Ohio Legal Rights Service (OLRS) Headlines

The OLRS Headlines section provides information about activities, announcements, and opinions of the Ohio Legal Rights Service.

OLRS Headlines Archives
OLRS Headlines from 2008
OLRS Headlines from 2007

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July 2, 2009: Preliminary approval of a consent order in Doe v. State of Ohio: The Settlement in Doe, the class action filed by OLRS, establishes procedures for the Ohio Department of Education to implement the Individuals with Disabilities Education Act and protect the rights of students with disabilities. Read more: Federal Judge Gives Preliminary Approval of Consent Order in Partial Settlement of Doe v. State of Ohio Class Action Education Lawsuit

July 1, 2009: Ohio Poverty Law Center
The Ohio Poverty Law Center will now serve as the state support center at the Ohio State Legal Services Association. Read more: OSLSA introduces the Ohio Poverty Law Center

July 1, 2009: Advocates protest at Statehouse
Advocates joined together and staged a day-long protest at the Ohio Statehouse on Tuesday, June 30. Read more: Advocates stage protest at Ohio Statehouse

June 26, 2009: Community integration reports
The Ohio Council for Home Care releases a report on long-term care cost and the Bazelon Center reports on the lack of progress in implementing the Olmstead decision. Read more: Reports provide updates on long-term care and community integration

June 25, 2009: SSA hiring initiative
The Social Security Administration (SSA) launched an employment initiative to recruit and hire people with disabilities with an emphasis on those with severe disabilities. Read more: Social Security Administration is recruiting and hiring people with disabilities

June 22, 2009: Cleveland advocacy agency closing
Ohio Protection & Advocacy Association, a non-profit agency located in Cleveland, announced that it will close after 32 years of service. Read more: Non-profit advocacy agency for children with disabilities to close

June 19, 2009: "Name change" bill update
The Ohio Senate unanimously voted to accept the amendments made to S.B. 79 in the Ohio House of Representatives. The bill will remove the term "mental retardation" from the names of state and county agencies supporting individuals with developmental disabilities. The bill now goes to the Governor for his signature. Read more: Department "name change" bill goes to Governor for his signature

June 18, 2009: OLRS Voter Alert
To vote in the upcoming August 4 special election, you must be registered to vote by Monday, July 6. Read more: Voter registration deadline is Monday, July 6

June 18, 2009: EEOC revises rules
The Equal Employment Opportunity Commission (EEOC) voted in favor of revising rules to conform to the ADA Amendments Act. Read more: New regulations will make it easier to establish disability under ADA

June 15, 2009: Commission meeting cancelled
The OLRS Commission meeting scheduled for Tuesday, June 16 has been cancelled.

June 9, 2009: Guardianship case update
The Supreme Court of Ohio will review an appeal in Spangler v. Geauga County Board of MRDD, a case challenging the Board's authority to move for removal of an individual's parent guardians and appointment of Advocacy and Protective Service, Inc. (APSI) as guardian. Read more: Supreme Court of Ohio accepts appeal in guardianship case

June 8, 2009: Supreme Court accepts case
The Supreme Court of Ohio accepted a request for jurisdiction of an appeal decision in State of Ohio v. Speer, a case involving the reversal of a defendant's conviction based on a juror who heard the case was hard of hearing. Read more: Supreme Court of Ohio accepts State of Ohio v. Speer case

June 1, 2009: Doe v. State of Ohio
OLRS reaches a partial settlement agreement to ensure that state officials meet their obligation to children with disabilities to receive a free appropriate public education under the IDEA. Read more: OLRS reaches proposed partial settlement in Doe v. State of Ohio

June 1, 2009: OLRS Special Edition newsletter
Read OLRS' special edition newsletter on seclusion and restraint. News from OLRS - Special Edition on Seclusion and Restraint

May 26, 2009: OLRS Commission meeting rescheduled
The OLRS Commission meeting scheduled for Monday, June 1 has been cancelled. A special meeting is scheduled for Tuesday, June 16 at 11:00 a.m. at the offices of the Ohio Legal Rights Service.

May 19, 2009: Seclusion and restraint
GAO reports on selected cases of death and abuse at public and private schools and treatment centers. Read more: GAO issues report on use of seclusion and restraints in schools

May 19, 2009: Visitability Awareness Week
The Visitability Strategy Group recently announced that the Columbus City Council named the week of May 18, 2009 as Visitability Awareness Week. Read more: Week of May 18 is Visitability Awareness Week

May 19, 2009: Social Security benefits and felony warrants
The Social Security Administration, per a lawsuit agreement, changed the way it processes applications for individuals who have an outstanding felony warrant. Read more: Social Security can no longer deny or stop benefits in certain cases because of an outstanding warrant

May 18, 2009: OLRS comments on PASRR rules
OLRS recently provided comments to several state departments on proposed Pre-admission Screening and Resident Review (PASRR) rules. Read more: OLRS comments on rules to prevent placement of people with disabilities in nursing facilities

May 12, 2009: OLRS' request granted for status conference
Judge Sargus of the U.S. District Court for the Southern District of Ohio has ordered a status conference in response to a request from OLRS. OLRS seeks to resolve an impasse related to the Martin consent order and the D.M. v. Butler County Board of Mental Retardation and Developmental Disabilities (BCBMRDD) class action. Read more: Judge orders status conference in response to OLRS' correspondence for assistance in resolving an impasse

May 8, 2009: OLRS responds to workgroup's recommendations
OLRS advises interagency workgroup that it is strongly opposed to any type of prone restraint. Read more: OLRS opposes state agencies' recommendation to continue dangerous face-down restraints

May 7, 2009: PLEAS case update
OLRS presents oral argument in the Parents' League for Effective Autism Services (PLEAS) case

May 6, 2009: OLRS provides budget testimony
OLRS' testimony before the Senate Finance and Financial Institutions Committee on Substitute House Bill 1 (PDF file)

May 6, 2009: Read OLRS' latest newsletter
Read information and updates about OLRS' case work, initiatives and other disability-related news in the April edition of OLRS' newsletter: The News From Ohio Legal Rights Service - April 2009

April 20, 2009: Fairfield Center case update
OLRS filed a brief in response to the defendant's reply in the Fairfield Center case. OLRS in its brief set forth the obligations of the county board under Title II and section 504. Read the OLRS brief: OLRS files reply brief in Fairfield Center case

April 7, 2009: Temporary suspension of new special education cases
Due to the high volume of requests for representation in special education matters and pending litigation, OLRS is temporarily suspending new special education cases through the end of April. Please refer to the Special Education section of the OLRS Web site for special education information and resources.

April 1, 2009: Legislative event and rally held
Advocates across the state gathered this week in Columbus for "The Voice of One - The Power of Many," a disability public policy legislative event and rally hosted by The Arc of Ohio. Read more: Advocates gather for public policy event and rally

March 31, 2009: Sponsor testimony heard on MRDD name change legislation
On Tuesday, Senator Jimmy Stewart delivered sponsor testimony on Senate Bill 79, a bill that will change the name of the Ohio Department of MRDD and the County Boards of MRDD to the "Ohio Department of Developmental Disabilities" and the "County Board of Developmental Disabilities." Read more: Senator Jimmy Stewart delivers sponsor testimony on MRDD name change legislation

March 31, 2009: Board of election officials receive voter rights training
OLRS and the Ohio Secretary of State's office conducted regional trainings to over 200 board of election officials in an effort to improve the voting experiences of people with disabilities. Read more: OLRS and SOS provide voter rights training to board of election officials

March 26, 2009: National award presented to OLRS and an OLRS client
OLRS and one of its clients received the Training and Advocacy Support Center's (TASC) Advocacy Award at the TASC Annual Conference. Read more: OLRS and Client Receive National Award

March 25, 2009: Voting registration deadline is April 6
You are encouraged to exercise your right to vote. Tuesday, May 5, is Primary Election Day. In order to vote, you must be registered no later than 30 days before the election. If you are not already registered, Monday, April 6 is the deadline. Learn more about how to register to vote. If you think you are eligible to vote and have problems with voter registration or other voting rights, contact the OLRS Intake Department.

March 19, 2009: Disability public policy legislative event and rally
The Voice of One - The Power of Many, an event presented by The Arc of Ohio, begins on March 31 with an all-day training on public policy advocacy. A rally will be held the next day and individuals with disabilities and their families are encouraged to schedule visits for that afternoon with their legislators to discuss policy issues.

March 18, 2009: OLRS provides questions and answers about Medicaid Buy-in
Do you live in an ICF-MR and want to participate in the Medicaid Buy-in for Workers with Disabilities (MBIWD) program, so that you can work and earn more without losing health care coverage? Have you been denied participation in the MBIWD program because of residence in an ICF-MR? If so, read OLRS' article: Can People Who Live in ICFs-MR Participate in the Medicaid Buy-In for Workers with Disabilities (MBIWD) Program? Yes They Can!

March 18, 2009: OLRS will attend national trauma informed care meeting
OLRS Commissioner and PAIMI Advisory Council member Pat Risser, and OLRS advocate Beth Oberdier were invited and will participate in the second State Dialogue Meeting on Trauma Informed Care in Baltimore, Maryland. Read more: OLRS to participate in State Dialogue Meeting on Trauma Informed Care

March 9, 2009: OLRS submits comments on RSC rule
OLRS submitted written testimony to members of JCARR challenging the statutory authority of the Rehabilitation Services Commission to promulgate an administrative rule on consumer appeals. Read more: OLRS Submits Written Testimony to JCARR; RSC to Re-file Rule

March 5, 2009: OLRS budget testimony
Michael Kirkman, executive director of OLRS, provided testimony before the House Finance Human Services Subcommittee on House Bill 1, the biennial budget bill. Read the testimony: OLRS Testimony on House Bill 1 (PDF file)

March 5, 2009: Fairfield Center update
OLRS, on behalf of several residents of Fairfield Center, filed an appellate brief challenging the district court's dismissal of their claims. OLRS files appellate brief to preserve community placement of residents at Fairfield Center

February 26, 2009: OLRS Commission to undertake study
Language included in House Bill 1, the 2010-2011 biennial budget, requires the OLRS Commission to undertake a study "concerning a potential transition" of federal protection and advocacy grants "from a public entity to a nonprofit organization effective July 1, 2011." Read more: OLRS Commission to undertake nonprofit transition study

February 19, 2009: OLRS' Annual Report now available
The Annual Report for OLRS for FY 2008 reflects the wide range of important work that is done by the staff of OLRS on behalf of Ohioans with disabilities. See: OLRS Annual Report 2008

February 19, 2009: OLRS joins in amici curiae brief
OLRS, along with the National Association of the Deaf and the Ability Center of Greater Toledo, filed an amici curiae brief requesting that the Ohio Supreme Court accept jurisdiction of an appeal reversing a defendant's conviction where one of the jurors who heard the case was hard of hearing. Read more: OLRS joins advocacy organizations in preserving an individual's right to serve as a juror

February 18, 2009: OLRS comments on special education rules
OLRS submitted comments to the Ohio Department of Education on a proposed rule that sets forth standards for the admission, transfer, suspension, and expulsion of students at the Ohio state schools for the blind and deaf. Read more: OLRS comments on proposed rules affecting special education services

February 17, 2009: Commission meeting scheduled
A special commission meeting will be held on Wednesday, March 4 at 3:00 p.m.

February 13, 2009: OLRS comments on proposed Futures Waiver
OLRS documented concerns about the proposed Futures Waiver in comments sent to ODMRDD's Futures Committee. Read more: OLRS comments on ODMRDD's proposed Futures Waiver

February 12, 2009: Read OLRS' latest newsletter
Read information and updates about OLRS' case work, initiatives and other disability-related news in the February edition of OLRS' newsletter. See: News from OLRS - February 2009

February 10, 2009: OLRS provides testimony on proposed RSC rules changes
OLRS provided written testimony on proposed rule changes to the Ohio Rehabilitation Services Commission vocational rehabilitation program. Read more: OLRS comments on proposed rule changes to vocational rehabilitation program

February 9, 2009: OLRS Commissioners to hold special meeting
The Ohio Legal Rights Service Commission will hold a special meeting on Wednesday, February 11, 2009, at 3:30 p.m. at the offices of the Ohio Legal Rights Service. The purpose of the meeting is to review the Governor's executive budget recommendations regarding OLRS.

February 9, 2009: OLRS files motion in Supreme Court; asks Court to reinstate attorney with mental illness
OLRS argued that under Title II of the ADA, state courts and attorney disciplinary agencies must make reasonable modifications to their policies and practices to avoid discrimination against people with disabilities. Read more: OLRS files motion with Supreme Court to reconsider decision to suspend attorney due to mental illness

January 30, 2009: Learn about the school to prison pipeline
The ACLU recently posted an online game on its Web site to increase awareness about the school to prison pipeline. Read more about this online game and OLRS' efforts to protect the rights of youth with disabilities who are in jeopardy of incarceration. Read more: School to Prison Pipeline

January 26, 2009: OLRS needs your input
OLRS is redesigning its Web site, through a generous grant from the Ohio State Bar Foundation. Please help us by completing a brief survey to provide your comments and ideas for the new site. Take the survey: [survey removed March 2009]

January 26, 2009: Governor calls for statewide restraint policy
Meetings headed by ODMRDD with other state agencies will begin this week. Read Cleveland Plain Dealer article: Parmadale death prompts Governor Ted Strickland to seek policy on restraints

January 23, 2009: Restraint policy update
Ohio Department of Mental Retardation and Developmental Disabilities (ODMRDD) to coordinate with state agencies a statewide policy on the use of restraints. Read ODMRDD's memo: ODMRDD - Restraint Policy Memo (PDF file)

January 23, 2009: PLEAS case update
The Legal Aid Society of Columbus and National Health Law Program (NHeLP) filed an amicus curiae brief in support of OLRS' appeal to uphold the preliminary injunction order. Read more: OLRS receives broad support for PLEAS appeal

January 20, 2009: OLRS joins in comments on Social Security rules
OLRS joined with Legal Aid of Western Ohio, Inc. and Advocates for Basic Legal Equality in commenting on proposed rules for setting the time and place for a hearing before an Administrative Law Judge. Read the comments: Comments to the Commissioner of Social Security (PDF file) (January 20)

January 16, 2009: OLRS urges ODE to prohibit restraints
OLRS sent notice to the Ohio Department of Education (ODE) to enact administrative rules on the use of emergency behavioral interventions and to prohibit restraints that can suffocate individuals. Read OLRS' letter to ODE (PDF file) (January 16)

January 16, 2009: Newspaper follows up on restraint death
The Cleveland Plain Dealer continues its coverage into the recent death of a teenage girl who suffocated while being restrained at a center for troubled youth. Read Ohio Legal Rights Service urges state to ban restraint method after teen's death

January 16, 2009: OLRS comments on draft IEP forms
OLRS provided comments to the Ohio Department of Education on the revised draft Evaluation Team Report and Individualized Education Program (IEP) forms, citing numerous areas of concern and providing recommendations. Read more: OLRS provides comments on ODE's revised draft evaluation and IEP forms

January 15, 2009: OLRS submits written comments to the Ohio Supreme Court
OLRS recently provided comments to the Ohio Supreme Court on proposed amendments affecting sign language interpreters for court proceedings. Read more: OLRS submits comments on proposed amendments to the rules of superintendence

January 15, 2009: Cleveland Plain Dealer calls for Ohio to adopt one policy on the use of restraints
The editorial, in response to the recent death of a teenage girl who suffocated while being restrained at a center for troubled youth, cites Ohio's lack of communication among state agencies on policies as a contributing cause of the child's death. Read the article: Ohio's lack of wisdom, poor communication cost teen her life

January 14, 2009: PLEAS case update
OLRS files a brief in the U.S. District Court of Appeals to uphold a lower court order prohibiting state agencies from enforcing rules that would have eliminated Medicaid reimbursement for medically necessary services. Read more: PLEAS Update: OLRS files brief asking court to uphold decision

January 13, 2009: OLRS urges ban of restraints
OLRS sent notification to ODJFS to prohibit the use of prone restraints, and urges other state department directors to act now to prohibit prone restraints in all settings. Read more: OLRS calls for a ban on the use of prone restraints

January 13, 2009: NDRN releases report on seclusion and restraint in schools
A report from the National Disability Rights Network (NDRN) identifies the abusive use of restraint or seclusion nationwide by school administrators, teachers, and auxiliary personnel, which has resulted in injury, trauma and death to children with disabilities. The report includes two cases investigated by the OLRS Ombuds unit. Read NDRN's report: School is Not Supposed to Hurt: Investigative Report on Abusive Restraint and Seclusion in Schools (PDF file)

January 7, 2009: OLRS wins appeal in guardianship case
OLRS won an appeal challenging the authority of a county board of mental retardation and developmental disabilities to remove an individual's parents as guardians and appoint Advocacy and Protective Services, Inc. (APSI) as guardian. The case was reversed and remanded to the probate court in which it originated. Read more: OLRS wins challenge of probate court removal of parents as individual's guardian


 

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