OLRS supports plaintiffs efforts to graduate from college, but court dismisses case challenging RSC's "Expected Family Contribution" rule

OLRS filed a federal lawsuit with nine named plaintiffs and made a motion for certification of a class of Rehabilitation Services Commission (RSC) consumers who have or will have training at a post secondary educational institution as a service on their Individualized Plan for Employment (IPE). OLRS challenged the Expected Family Contribution rule as being contrary to federal law and a violation of the RSC consumers Due Process Rights. While the Court granted the Defendants' motion to dismiss and ruled that OLRS had not articulated a violation of federal law, OLRS was able to help several of the named plaintiffs graduate from college while the case was pending because of a settlement on preliminary injunction.

The rule, enacted in 2005, requires all consumers seeking training at a post secondary educational institution to pay a percentage of the Expected Family Contribution as listed on their Student Aid Report under the federal Higher Education Act. The rule exempts social security beneficiaries as required by federal law and certain persons receiving workers compensation benefits. The rule provides no exception for taking into account individual circumstances or disability related expenses. A separate section of the rule requires all consumers to complete an academic year within an 18 month period. An exception to this can be granted, but the rule contains no criteria or notice of what circumstances warrant the exception.

Read the court's decision: Opinion and Order for Jackie S. v. Ohio Rehabilitation Services Commission (PDF file)

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Article posted September 21, 2007