Element 5.4Element 5.4

Integrated SettingsIntegrated Settings

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Old vs. new paradigmOld 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 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?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?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 or activity is left up to the customer?

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When is segregation When is segregation “necessary”?“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 Examples of unlawful segregationunlawful 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-the-board referrals

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More examples of More examples of unlawful segregationunlawful 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 More examples of unlawful segregation unlawful segregation (cont’d)(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 Group Exercise: Is this a lawful instance of segregation?instance of segregation?Purpose:Purpose:

To determine whether a particular instance of segregation satisfies the requirements.

Tasks: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 Group Exercise: Is this a lawful instance of segregation?instance of segregation? (cont’d)(cont’d)

Tasks Tasks (cont’d)(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 about the case, to the class.