Explain why you think the individual's situation is
appropriate for community services, and identify any other
qualified individuals who believe this person's situation is
appropriate for community services (e.g. treating physicians or
professionals, family members, facility staff etc.). Provide
documentation if available.
Send the complaint to: Sheila Foran, Special
Assistant to the Director, The Department of Health and Human
Services, Office for Civil Rights, Room 509 F, 200 Independence
Avenue, SW, Washington, D.C. 20201. The National office will
forward the complaint to the appropriate regional office.
Upon receipt of your complaint, OCR staff will
review it to determine coverage under Title II of the ADA. If your
complaint raises covered issues, an investigation will be
initiated. If discrimination is found, OCR will negotiate with the
state to voluntarily correct the discrimination. If negotiations
are unsuccessful, enforcement proceedings may be instituted.
back to OAQ list
Questions about the Americans with Disabilities
Act (ADA) Technical Assistance, submitted
by Kara
Morrow, Disability Program Specialist
17) How many handicapped
accessible spaces are required at public parking areas?
One (1) handicapped accessible space for every
twenty-five (25) parking spaces.
back to OAQ list
18) How do I get a parking
placard for handicapped parking?
First you get the appropriate form from any Tag
Agent, the
Department of Public Safety or the Office of Disability
Concerns, then you must get a doctor to complete the statement,
then you may apply either in person or by mail at the Department of
Public Safety. There is a $1.00 processing fee. Permanent placards
must be renewed every 5 years.
back to OAQ list
19) Where do I file a
complaint if I believe I have been discriminated against?
To file a discrimination complaint regarding
employment discrimination you may file with the Equal Employment
Opportunity Commission
http://www.eeoc.gov/ or the Oklahoma Human Rights Commission
http://www.hrc.state.ok.us
. To file a complaint regarding physical access or program
access you may file with the Department of Justice
http://www.ada.gov/ . To file
a discrimination complaint regarding housing you may file with
Housing and Urban Development
http://www.hud.gov/local/index.cfm?state=ok or the Metro
Fair Housing Council (405) 232-3247. For discrimination relating
to education you may file with the Federal Department of
Education
http://www.ed.gov/about/offices/list/ocr/docs/howto.html .
back to OAQ list
20) Can I use someone else's
parking placard?
No. The placards are issued to the person and not
to the vehicle.
back to OAQ list
21) Do churches have to be
handicapped accessible?
No. Churches are exempt from the ADA regarding
access.
back to OAQ list
22) If I have a handicapped
car tag, am I still required to have a placard?
Yes. The Oklahoma Tax Commission issues the
handicapped car tags based upon a valid handicapped parking
placard issued from the Oklahoma Department of Public Safety.
back to OAQ list
23) In an area accessible to
the public, do bathrooms have to be handicapped accessible?
Yes. The alternative is that they may have a unisex
bathroom which is accessible.
back to OAQ list
24) Are stores required to
provide wheelchairs or scooters for people with disabilities?
No. This is strictly a courtesy.
back to OAQ list
25) Are public places required
to have automatic doors to comply with the ADA?
No. They must be accessible, however, this does not
mean the door must be automatic. Most use the rule of 5 pounds of
pressure to open the door.
back to OAQ list
26) Does the school have to
provide equipment for home use for a disabled child?
No. They are only required to reasonably
accommodate a child while at school.
back to OAQ list
27) Is a public office located
in a building with only two floors required to have an elevator?
No.
back to OAQ list
Information and Referral questions submitted by
William Ginn, Disability Program Specialist
28) How do I get Mobile Meals
started?
Most counties have a
Mobile Meals program operated through the Aging Services
Division, which can be located under Government in your telephone
directory. Some programs serve individuals with disabilities under
age 60 and some will not. Be prepared for a long waiting list.
back to OAQ list
29) Where can I find
assistance in paying utility bills?
Community Action agencies exist in many cities and towns across
Oklahoma, some have limited funds, to assist with utilities.
The
Salvation Army will also help once per year with utility
assistance. The Department of Human Services Low-Income Home Energy
Assistance Program
(LIHEAP) will help low-income families with heating once a year
in the winter. Contact your utility when you first see that you are
unable to pay a bill. Don't wait until you have a cutoff notice.
Usually they will work with you if you agree to pay a certain
amount per month until the bill is paid.
Period to apply for LIHEAP generally begins in
early December and continues as funds are available. Call
405-521-3444 or 1-866-411-1877 for more information. Apply at
your local OKDHS office. You must have your current heating bill
and proof of income.
back to OAQ list
30) I need a ramp at my home
but do not have the money to get one built; where can I get
assistance?
Community Action agencies are located across
Oklahoma. Sometimes one agency may serve more than one county.
These agencies will usually assist in getting a ramp built. Funds
are limited. There are other private agencies that also can assist.
Call the Office of Disability Concerns to check for your local
area.
back to OAQ list
31) How can I subscribe to the
Office of Disability Concerns quarterly newsletter?
If you have access to the internet, the current
newsletter may be accessed at the Office of Handicapped Concern's
Public Information
icon. If you would like to receive a copy of the newsletter, call
our toll free number 800 522-8224 and ask to be put on the mailing
list
back to OAQ list
32) How do I resolve a
complaint with the
Oklahoma Department of Human Services?
OKDHS has a procedure to initiate a Fair Hearing. Ask
for written information from your OKDHS worker regarding the policy
and procedures for starting this process.
back to OAQ list
33) Where can I get help to
pay health care costs?
Medicaid has programs that pay some or all of
Medicare's
premiums and may also pay Medicare co-insurance deductibles and
coinsurance for certain people who are entitled to Medicare and
have a low income. You must have Medicare Hospital Insurance (Part
A). If you are not sure if you have Part A, look on your Medicare
card (red, white, and blue card). It will show "Hospital Insurance
(Part A)" on the lower left corner of the card. You can also call
your local Social Security Administration office, or call SSA at
1-800-772-1213. If you have Part A, your income is limited and your
financial resources such as bank accounts, stocks, and bonds are
not more than $4,000 for an individual, or $6,000 for a couple, you
may qualify for assistance as a Qualified Medicare Beneficiary (QMB),
Specified Low-Income Medicare Beneficiary (SLMB), or Qualifying
Individual (QI). For more information about these programs, call
your State, county, or local medical assistance office. Check your
phone directory for the office nearest you. You can find these
offices listed under Medicaid, Social Services, Medical Assistance,
Public Assistance, Human Services, or Community Services. You may
also call Medicare at 1-800-MEDICARE (1-800-633-4227) (TTY/TDD:
1-877-486-2048 for the hearing and speech impaired) to find the
phone number in your area.
back to OAQ list
Questions about Employment of People with
disabilities submitted by
Marilyn Burr,
Disability Program Specialist
34) What is the Special
Optional Hiring Program for People with Disabilities? Who
qualifies? How can I apply?
Passed by the
Oklahoma
State Legislature, House Bill 1340 became effective July 1,
1987. It gives state agencies the option of waiving entrance
examinations and modifying other hiring procedures for legal
residents of Oklahoma who are certified as persons with
disabilities under the definition established by the
Office of
Personnel Management. The definition of "a person with a
disability" established by the Office of Personnel Management is
a person who has a severe physical or mental disability, which
seriously limits one or more functional capacities (mobility,
communication, self-care, self-direction, work tolerance, or
work skills in terms of employability; and who has one or more
physical or mental disabilities resulting from amputation,
arthritis, blindness, cancer, cerebral palsy, cystic fibrosis,
deafness, heart disease, hemiplegia, hemophilia, respiratory or
pulmonary dysfunction, mental retardation, mental illness,
multiple sclerosis, muscular dystrophy, musculosketal disorders,
neurological disorders (including stroke and epilepsy),
paraplegia, quadriplegia and other spinal cord conditions,
sickle cell anemia, specific learning disability, and end-stage
renal disease or another disability or combination of
disabilities determined on the basis of an evaluation of
rehabilitation potential to cause comparable substantial
functional limitation. The responsibility for certification of
individuals as qualifying for the Special Optional Hiring
Program for People with Disabilities under HB-1340 is the
responsibility of Rehabilitation and Visual Services staff.
To apply for employment under this program, an individual must
have been certified by a Vocational Rehabilitation Counselor or a
Visual Services Counselor as being eligible; a counselor must issue
a letter of certification that is presented to the Office of
Personnel Management. There are 4 more steps to the process, which
can be explained by staff at the Office of Personnel Management, or
found at their web site
http://www.opm.state.ok.us/
back to OAQ list
35) Why do I need a Vocational
or Visual Services Counselor?
The Oklahoma
Department of Rehabilitation Services provides a wide range of
services to the clients of their counselors. The services received
are based on an Individualized Plan of Employment, which implies
that all clients won't receive the same services, but will receive
services based on their need and their employment goals. Services
may include: Medical and/or psychological assessments, Vocational
evaluation, Counseling and career planning guidance, Employment
services, Assistive Technology, Training, Diagnosis and treatment
of physical and mental disabilities, Maintenance, Transportation,
Instructional services, Self-employment programs, Personal
assistance services, Transition School-to-Work, Supported
employment, Post employment services and specialized programs. Most
employment programs designed to serve people with disabilities
require some type of certification of eligibility from a vocational
rehabilitation counselor. Some programs require participants to
have a vocational rehabilitation counselor.
back to OAQ list
36) Where can I find a
Rehabilitation Counselor?
Rehabilitation and Visual Services Counselors serve
every county in the state. To find out how to contact a
counselor for your county or your zip code, call the Oklahoma
Department of Rehabilitation Services at 1-800-487-4042 or for
TTY l-800-845-8476 .
back to OAQ list
37) Where can I apply for a
job working with people with disabilities?
If you are a college graduate and have an interest
in working in the public schools, more than likely you will need
further education to become certified to work in special education
programs. However, your education may qualify you to work as a
substitute teacher in these programs or as a teacher's assistant.
Sheltered Workshops, Supported Employment Programs, Group Homes and
Community Mental Health Centers are all places that hire people who
are interested in working with people with disabilities. If you do
not have a college education, but you have experience as an
Personal Care Attendant or a Habilitation Aide or a Nurse's Aide,
there are many opportunities in Group Homes, Assisted Living
facilities, Home Health Programs and Hospice Programs, as well as
the above mentioned programs.
back to OAQ list
38) What is an order of selection? Or, Why
am I on a waiting list when I need services NOW?
If DRS does not have sufficient resources to serve all eligible
persons who apply, the agency is directed by Federal rules to
create a list based on severity of disability and date of
eligibility to determine the sequence when people will receive
services. Federal regulations require this Order of Selection to
give priority to persons with the most severe disabilities, so this
list is separated into categories that in Oklahoma are called
Priority Groups. Those in Priority Group 1 are those individuals
having the most severe disabilities and will receive services
first. A most severe disability is defined as a mental or physical
disability resulting in serious limitations in three or more
functional capacities and requiring multiple services over an
extended period of time, while Groups 2 and 3 have fewer functional
limitations and Group 4 are eligible individuals with disabilities
not meeting the definition of individual with a severe disability.
This means that a waiting list may be created for persons in one or
more of these priority groups, and eligible people will receive
services as their waiting list is opened. Your counselor can
provide more information about what priority group you are in and
when the Order of Selection for a specific priority group will
receive services.
back to OAQ list
The information available in the sites listed above
is provided to facilitate your research; neither the Office of
Disability Concerns nor the State of Oklahoma assumes
responsibility for the content contained within these sites. Some
of the listed links are private for-profit companies. No
endorsement of these companies or the services they provide is
implied. These links will be updated as required.
