Ohio Happenings and the SILC
Posted by: Roland W. Sykes
Date Mailed: Wednesday, March 8th 1995 05:59 AM
Date Mailed: Wednesday, March 8th 1995 05:59 AM
Greater Independence through Management Programs, Inc. P.O. Box 317046 Dayton, OH 45437 (513) 237-8360 Voice INTERNET: rsykes@gimp.tnet.com The Honorable Joan Lawrence Ohio House of Representatives 77 South High Street Columbus, Ohio March 7, 1995 Dear Representative Lawrence, The purpose of my letter is to communicate additional information promised during my testimony given before the Human Services Sub- Committee of the House Budget Committee. This additional information relates specifically to the process of establishing a Statewide Independent Living Council in accordance with the recent changes to the Rehabilitation Act1. I believe it is important, in implementing the changes related to the Statewide Independent Living Council, that we have a common understanding of the history of the Council. An understanding of why it is needed and a clear picture of its recently changed structure and role in the State of Ohio. I attempt to provide that common framework for discussion with the following: With the passage of the Americans with Disabilities Act Congress and the Administration recognized that persons with disabilities have been routinely discriminated against in our society. They recognized that the situation had a profound effect on people with disabilities and on the communities in which they live. They recognize that this discrimination has grave costs. Economic costs to the country as a whole and costs to individuals with disabilities in terms of their lost productivity and ability to participate and contribute within our society. They further recognized that this past discrimination was the result of government inaction and that current government efforts to assist persons with disabilities were fragmented, uncoordinated and served as yet another barrier to independence for people with disabilities. The Task Force on the Rights and Empowerment of Americans with Disabilities2 estimates that the economic costs of maintaining people in dependence, utilizing current paternalistic dependence oriented programs, costs $300 Billion per year. It recommends that we move away from paternalistic models of service delivery and towards self-help empowerment models of service delivery for people with disabilities. The Task Force on the Rights and Empowerment of Persons with Disabilities in their report entitled "From ADA to Empowerment"2 recommends that we focus on creating services that empower. It states in part: "SERVICES THAT EMPOWER Government must join with the private sector to establish a continuum of affordable, universally available, computer-connected programs designed to liberate all people with disabilities from inappropriate institutionalization and dependency, and empower them to achieve their full potential for productive participation in the mainstream. These programs must include economic, vocational, transitional, independent living, counseling, advocacy, legal, technological, personal assistance, residential, transportation, communication and community support." The overall purpose of Title VII of the Rehabilitation Act, is: "to promote a philosophy of independent living, including a philosophy of consumer control, peer support, self- help, self-determination, equal access and individual and system advocacy, in order to maximize the leadership, empowerment, independence and productivity of individuals with disabilities, and the integration and full inclusion of individuals with disabilities into the mainstream of American society". Title VII Part C defines the operation of Independent Living Centers (ILC). Independent Living Centers are local consumer controlled self-help resource and information centers operated by and for people with disabilities. They are recognized as the best method of promoting the independent living philosophy of consumer rights, empowerment and consumer control at the community level. The state is required to plan for the development and expansion of existing independent living centers and new independent living centers resulting in the development of a comprehensive statewide network of local computer-connected consumer controlled independent living centers. If the state receives funds for distribution as Title VII Part C grants the Council has a role to play in the selection of new grantees. Section 723 (d) (2) under New Centers for Independent Living provides in part that: "(2) SELECTION.--In selecting from among eligible agencies in awarding a grant under this part for a new center for independent living-- (A) the director of the designated State unit and the chairperson of, or other individual designated by, the Statewide Independent Living Council acting on behalf of and at the direction of the Council, shall jointly appoint a peer review committee that shall rank applications in accordance with standards and assurances set forth in section 725 and criteria jointly established by such director and such chairperson or individual;" What Congress had in mind with these recent changes is a lot broader than the focus that has traditionally been known as vocational rehabilitation. They intended for the required Statewide Independent Living Council to hold Hearings and create a Forum where all government efforts at dealing with disability issues would be examined and recommendations made for productive independence oriented changes. They further intended that the recommendations would be implemented. If not the Council has the right not to co-sign the State Independent Living Plan required under Title VII. In its role the Council should examine the operations and effects of all programs operated within the state of Ohio as a whole and judge the effects of the efforts to promote independence of people with disabilities in Ohio by listening to the views of Ohioans with disabilities. As a matter of course the Council should focus on protecting the rights of Citizens with disabilities in Ohio. Congress in its wisdom recognized that these changes would not be simple. That it will be a process that will take place over a number of years and maybe decades. It further recognized that the existing Statewide Independent Living Councils under the purview of State Vocational Rehabilitation Agencies had been virtually ineffective at making changes to programs and policies that crossed departmental and agency barriers. This was because their focus had been vocational rehabilitation. Unlike the New Statewide Independent Living Council, their charge had not been to examine life from the perspective of a person with a disability and suggest independence oriented changes to programs operated within the state regardless of the agency, funding source or entity administering the program. Congress recognized the need for full self-examination to occur, at the state level, by the Statewide Independent Living Council, because of numerous examples of institutionalized discrimination and the fact that efforts at vocational rehabilitation often fail due to environmental and societal barriers not traditionally addressed by Vocational Rehabilitation Agencies in the States. As but one example, the systems of support available to most Ohioans with disabilities still force incarceration of people without due process. Every day. In violation of their rights under the Constitution of the United States. It is called nursing home admission. People with disabilities are forced to choose between no service or costly dependence oriented programs, like nursing homes, when simple personal assistance in the home and independent living skills enhancement would suffice to meet their need. At less cost and while maintaining the individuals dignity, independence and productivity. Yet these people are locked away, their freedoms surrendered, hopes and dreams of a better tomorrow dashed, for what? To save money? It does not save money. In fact nursing home placement is the most expensive alternative to choose from in meeting the needs of people with disabilities. Yet it persists, and the present Statewide Independent Living Council is powerless to stop or prevent it. This is because the current Council views the issue as having little or nothing to do with their assigned task. That being vocational rehabilitation. That is why the Federal Government finds a need to have a Statewide Independent Living Council in each state to address coordination and improvement of service delivery related to disability issues statewide. In keeping with the concept of grass roots democracy it was felt that the best place to examine programs and practices as they relate to productivity and independence for people with disabilities was through a Statewide Independent Living Council, controlled by a majority persons with disabilities appointed by the Governor, independent from any state agency that might be affected by the Councils activities, and with input of all citizens with disabilities in Ohio. Title VII Section 705 (b) (1) provides that the members shall be selected "after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities." It is intended that the Council be able to independently convene discussions concerning critical issues related to disability as outlined in Section 705 (7) (d) which states: "Hearings and Forums.--The Council is authorized to hold such hearings and forums as the Council may determine to be necessary to carry out the duties of the Council." It intends that the Council be staffed at an adequate level utilizing funds from Title VII Part B and further that: Section 705 (a) provides: "The Council shall not be established as an entity within another State agency." Section 705 (7) (e) (2) provides: "Supervision and Evaluation.--Each Council shall, consistent with State law, supervise and evaluate such staff and other personnel as may be necessary to carry out the functions of the Council under this section." We believe the requirements for the Council: o to be an independent entity; o to select the chairperson; o have the authority to receive, disburse and account for funds; o to be staffed at an adequate level; o to supervise and evaluate the staff; o to have authority to convene Hearings and Forums; o to examine all programs and functions within the state regardless of funding source with respect to their effectiveness in promoting independent living philosophies; are all key components of a strategy to, through the Council, give consumers with disabilities the ability to publicly examine all issues in which the state is involved with respect to their impact on persons with disabilities and to make recommendations to the Executive and Legislative branches of State Government for changes that will improve the independence and productivity of all citizens of the Great State of Ohio. I and the Ohio Association of Centers for Independent Living look forward to a long and productive relationship with you and your staff to insure that Ohio, through the Statewide Independent Living Council, strives to achieve integration and full inclusion of individuals with disabilities into the mainstream of American society in all of its activities and programs. We offer our assistance in contacting and placing you in contact with individuals from across the state capable of providing the input envisioned by Congress and the Administration. We welcome the opportunity to meet with you or members of your staff to discuss the issues surrounding the development of the new Statewide Independent Living Council in accordance with the recent changes to the Rehabilitation Act. Please feel free to contact me. I look forward to hearing from you concerning this important matter. Sincerely, Roland W. Sykes, President Greater Independence through Management Programs, Inc. References 1. Rehabilitation Act - Public Law 102-569, October 29, 1992 2. "From ADA To Empowerment" page 27, COST Task Force on the Rights and Empowerment of Americans with Disabilities 907 6th Street, S.W. Suite 516C Washington, D.C. 20024 (202) 488-7684 Voice (202) 484-1370 TDD cc: Ohio Centers for Independent Living Linda Good, Chair and Members of the Ohio State Independent Living Council dnet.SILC Worldwide Electronic Discussion on the establishment of State Independent Living Councils As a matter of history I offer the following position paper developed for the Ohio Association of Center for Independent Living. Why has the Rehabilitation Service Commission chosen not to request funding for Independent Living Centers and the newly created State Independent Living Council in it's budget request for Fiscal Year 1996 - 1997? This action of the Ohio Rehabilitation Services Commission has prompted the Independent Living Centers in Ohio to approach the Ohio State Legislature, Members of Congress and the United States Department of Education to seek redress for the State's actions. We believe that if not corrected the State's actions will result in continuing costly discrimination against people with disabilities in Ohio. We believe that the actions of the Governor's Office and the actions of the Ohio Rehabilitation Services Commission staff and Commissioners in refusing to properly implement the requirements of the law contained in the Rehabilitation Act of 1973 as Amended are evidence that discrimination against people with disabilities still exists in an entrenched bureaucratic form within the Government of the State of Ohio and within the Ohio Rehabilitation Services Commission in particular. During the process of the recent Reauthorization of the Rehabilitation Act of 1973 as amended Congress found at Section 2(a)(5) that "individuals with disabilities continually encounter various forms of discrimination in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and public services;". "Emphasis Added." Congress further found at Section 2(a)(6) that "the goals of the Nation properly include the goal of providing individuals with disabilities with the tools necessary to (A) make informed choices and decisions; and (B) achieve equality of opportunity, full inclusion and integration in society, employment, independent living, and economic and social self-sufficiency, for such individuals." The Rehabilitation Act in the Section entitled FINDINGS; PURPOSE; POLICY Section 2 (c) Policy, states "It is the policy of the United States that all programs, projects, and activities receiving assistance under this act shall be carried out in a manner consistent with the principles of (1) respect for individual dignity, personal responsibility, self determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities;". Congress fully recognizes that relying on existing and past government structures at the State and Federal levels cannot and will not solve the intractable problems resulting from past and continuing systemic discrimination against people with disabilities. Congress further recognizes that we need a new grass roots participatory democratic approach to solving disability issues at the State level. The proving ground. In the past Congress created the National Council on Disability. The National Council on Disability was and is an autonomous Federal Agency separate from any other branch of Government. The National Council on Disability is composed of a majority of persons with disabilities. The purpose of the National Council on Disability was and is to examine, at the Federal level, cross cutting policy issues related to disability regardless of the agency or program involved. Further it is the purpose of the National Council on Disability to provide advice and policy guidance to the President, House of Representatives and the Senate on issues related to disability in order to increase the independence and productivity of all persons with disabilities in America. Over the last few years the efforts of the National Council on Disability have resulted in the passage of the Americans with Disabilities Act, Fair Housing Amendments, Air Carriers Access Act, The Rehabilitation Act Amendments of 1992, and many other non- discrimination statutes effecting people with disabilities in America. It is clearly the intent of Congress to continue and expand this process at the State level. We agree that the approach is viable for providing long term systemic change. Title VII of the Rehabilitation Act of 1973 as amended and reauthorized by the Rehabilitation Act Amendments of 1992 (Public Law 102-569) made changes to the Rehabilitation Act resulting in the requirement for each state to create an independent autonomous State Independent Living Council. The Law clearly states "The Council shall not be established as an entity within a State agency." The purpose of the council is to serve in a disability policy coordination and guidance role at the State level. Similar to the role played by the National Council on Disability at the Federal Level. The specific purposes for which the Council is formed are included in the Rehabilitation Act at Title VII as follows. "Purpose Sec. 701. The purpose of this chapter is to promote a philosophy of independent living, including a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities, and the integration and full inclusion of individuals with disabilities into the mainstream of American society, by - (1) providing financial assistance to States for providing, expanding, and improving the provision of independent living services; (2) providing financial assistance to develop and support statewide networks of centers for independent living; (3) providing financial assistance to States for improving working relationships among State independent living rehabilitation service programs, centers for independent living, Statewide Independent Living Councils established under section 705, State vocational rehabilitation programs receiving assistance under Title I, State programs of supported employment services receiving assistance under part C of Title VI, client assistance programs receiving assistance under section 112, programs funded under other titles of this Act, programs funded under other Federal law, and programs funded through non-Federal sources. " "Emphasis added." Considering the stated purpose, it is clear that Congress intends the Council to examine issues related to disability policy at the State and local level in all facets of social discourse and in all programs related to disability regardless of the funding source or agency that administers the program. Congress clearly recognizes that in order for this process to be effective the Council must be independent of any agency that it may have purview over. This includes the Ohio Rehabilitation Services Commission. The Rehabilitation Act Title VII Section 705 (a) states "Statewide Independent Living Council Sec. 705. (a) Establishment.- To be eligible to receive financial assistance under this chapter, each State shall establish a Statewide Independent Living Council (referred to in this section as the "Council"). The Council shall not be established as an entity within a State agency." "Emphasis added." The Rehabilitation Act further requires at Section 705 (4)(A) and 705 (4)(B) that "(A) In General.- The Council shall be composed of members- (i) who provide statewide representation; (ii) who represent a broad range of individuals with disabilities; (iii) who are knowledgeable about centers for independent living and independent living services; and (iv) a majority of whom are persons who are - (I) individuals with disabilities described in section 7(8)(B); and (II) not employed by any State agency or center for independent living. (B) Voting Members.- A majority of the voting members of the Council shall be- (i) individuals with disabilities described in section 7(8)(B); and (ii) not employed by any State agency or center for independent living." The JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE accompanying the Rehabilitation Act Amendments of 1992 states in part at the section entitled COMPREHENSIVE SERVICES FOR INDEPENDENT LIVING item 6 (i) "(i) BUDGET/RESOURCE PLAN. The House bill provides for the development of a budget for the Council and specifies that the Council may hire staff and obtain services of professional, technical, and clerical personnel. The Senate amendment provides for the development of a resource plan that will use, to the maximum extent possible, existing resources. The Senate amendment provides that the Council shall, consistent with State law, supervise and evaluate staff and other personnel. The House recedes. The Conferees expect that the Council will be fully independent from the State vocational rehabilitation agency even while relying, to the maximum extent possible, on existing resources from the State vocational rehabilitation agency to provide staff and other personnel. The Conferees expect that staff provided by the State vocational rehabilitation agency, when assigned to work for the Council, will work solely on behalf of the Council and will not be assigned duties that create a conflict of interest. The Conferees expect that administrative arrangements made in the State will be consistent with this expectation so that each Council can operate independently. " It is clear that the intent of Congress was for the State Independent Living Council to be free of any encumbrances that may compromise its functioning independently. The Ohio Independent Living Council clearly feels that it needs an unclassified Executive Director to perform Council functions. This is demonstrated by the following motions recorded in their minutes. Statewide Independent Living Council Minutes May 19, 1994 Page 3 Personnel/Office Space Committee, Alan Witten, Chair MOTION: Bill Crum moved to authorize the committee to move forward and finalize a job description for the Executive Director position, to begin a search for applicants (including the state of Ohio), and to confirm that funding to pay employee is in line; seconded by Alan Witten. DISCUSSION: Executive Director I & II were the specifications used to formulate the draft. Caprio commented that this committee's report would require RSC's verification of the approvals and commitments made by the Governor's Office, DAS and OBM. Clemons added that the committee should make sure the job description reflects the ADA changes. Crum suggested that "significant life experiences" be defined a little more. Motion carried. This committee expects to have more discussions with DAS before the next SILC meeting. Statewide Independent Living Council June 13, 1994 Minutes Page 4 MOTION: Crum moved for the OSILC to temporarily occupy a space at the RSC until the OSILC strategic plan has been developed, at which time the OSILC will decide upon a permanent location, based upon the requirements and need indicated in the final plan. Additional, the OSILC ask the RSC to provide a temporary secretary at that location to handle the administrative duties as required and that person reports to and is responsible to the OSILC. Furthermore, if it is legal, for the OSILC to recruit and hire non-classified persons as staff, that the RSC support such action as part of the OSILC resource; seconded by Kendrick. DISCUSSION: There was some discussion on the legality of the Council hiring staff. Gunden mentioned the Section 704 Report which is an annual evaluation plan that the SILC, RSC and the CILs must complete. This report also addresses the issue of how the SILC is dealing with the issue of independence. Statewide Independent Living Council June 13, 1994 Minutes Page 6 Tishman Brown moved to table Crum's motion, seconded by Witten. By roll call vote, the SILC decided to vote on Crum's motion. By roll call vote, Crum's motion carried with one abstention. The Rehabilitation Act requires at Section 705 (e)(2) that "(2) Supervision and Evaluation.- Each Council shall, consistent with State law, supervise and evaluate such staff and other personnel as may be necessary to carry out the functions of the Council under this section." The Rehabilitation Act requires at Section 705 (e)(3) that "(3) Conflict of Interest.- While assisting the Council in carrying out its duties, staff and other personnel shall not be assigned duties by the designated State agency or any other agency or office of the State, that would create a conflict of interest." We contend that it would be impossible for the Executive Director of the Ohio State Independent Living Council to serve as the representative, spokesperson and negotiator on behalf of the Council if that individual is, at the same instant, an employee of the Ohio Rehabilitation Services Commission. The Commission would not and could not take seriously the efforts of staff, that it controls, to negotiate on behalf of the State Independent Living Council. There is no doubt that the Rehabilitation Services Commission will be an agency with which the State Independent Living Council will negotiate in the future, on many issues. We believe that these circumstances clearly illustrate why the State Independent Living Council must hire and manage its own staff as envisioned by Congress during its discussion and debate of the Rehabilitation Act Amendments. While the Rehabilitation Act clearly envisions the need for staff support of the Council, the Governor's Executive Order creating the Council is silent on the issue of staffing and hiring of staff to meet council needs. Further, the Rehabilitation Act requires the majority of the voting members of the Council be persons with disabilities. The Governors Executive Order is also silent on this issue. These items are key elements of the State Independent Living Council as envisioned by Congress. We believe that their omission was intentional on the part of the Governor's Office, at the urging of staff and members of the Ohio Rehabilitation Services Commission. In our view, it is clearly the intention of the Ohio Rehabilitation Service Commission to control the Council by being in control of the staffing of the Council. Statewide Independent Living Council June 13, 1994 Minutes Page 5 Rabe commented that no one has disputed whether or not the staff would report to the Council. Those individuals would report directly to the SILC. Rabe explained that a Commission is different than a department. RSC has only four unclassified positions (Rabe's and three bureau directors). The Commissioners can create more unclassified positions, however, those individuals would serve at the pleasure of the Commissioners. "Emphasis added." By his own statements in the minutes above, Mr. Rabe and the Ohio Rehabilitation Services Commission are either unable or unwilling to provide a mechanism for the Ohio Independent Living Council to hire and manage an Executive Director and other staff for the performance of Council duties, as envisioned by Congress and the Ohio Independent Living Council, without the Ohio Rehabilitation Services Commission being in control of that staff. When asked to reconsider the issue of independence of the State Independent Living Council Andrew J. Futey of the Governor's Office wrote the following: GEORGE V. VOINOVICH GOVERNOR STATE OF OHIO OFFICE OF THE GOVERNOR COLUMBUS 43266-0601 Interoffice Memorandum To: William Crum, Member Independent Living Council of Ohio From: Andrew J. Futey, Director Personnel, Boards & Commissions Date: June 8, 1994 RE: SILC May 9, 1994 Meeting Minutes In response to your memo sent on June 6, 1994, please be advised I met with Alan Witten and Richard Gunden to discuss several issues. I referred them to contacts at the Department of Administrative Services and the Office of Budget and Management for general purposes. However, I did not approve the hiring of an independent Executive Director and other staff. While serving as an independent council, it is our belief that the SILC should be housed and staffed within the Rehabilitation Services Commission as do other similar councils in various other state agencies. After further review and careful analysis of the situation, the SILC should be housed within the RSC. "Emphasis added." If you have any other questions or concerns, please do not hesitate to contact me. --END OF MEMO Mr Futey's suggestion that the State Independent Living Council should be housed within the Rehabilitation Services Commission is directly in conflict with the requirement in the Rehabilitation Act that "The Council shall not be established as an entity within a State agency." Mr. Futey was aware of that fact when his memo was issued. Citizens with disabilities in Ohio find the States seeming inability to implement the Rehabilitation Act, in a manner consistent with the expressed will and intent of Congress, unacceptable. The Ohio Association of Independent Living Centers clearly communicated to the Ohio Rehabilitation Services Commission that it supports the establishment of an independent autonomous Independent Living Council as envisioned by Congress. We have also communicated that we will work diligently towards its establishment. Shortly after we communicated these messages, we began to notice a change in the attitude of staff and members of the Ohio Rehabilitation Services Commission. These changes first manifest themselves in the Ohio Rehabilitation Services Commission's unreasonable actions and positions during negotiations leading to the development of the State budget request for Independent Living Centers, the Independent Living Council and other programs. Prior to the budget negotiating session the Commissioners had communicated clearly that during the budget negotiating session they would present a number of possible scenarios for the budget. When the meeting occurred the Commissioners presented one alternative, with the ultimatum, take it or leave it. When the Ohio Association of Independent Living Centers and the Ohio Personal Assistance for Independent Living Task Force refused to acquiesce to unreasonable demands the Rehabilitation Services Commission at its August meeting responded by removing funding for Independent Living Centers and the State Independent Living Council from their FY 1996-1997 budget request, entirely. It seems that the Ohio Rehabilitation Services Commission and the Governor's Office would prefer to silence consumers by starving them of resources rather than make any semblance of effort to implement the Rehabilitation Act as conceived and enacted by Congress. We believe that these actions by the Governor's Office and the Members and staff of the Ohio Rehabilitation Services Commission unquestionably prove that discrimination against people with disabilities still exists in an entrenched bureaucratic form within the Government of the State of Ohio and within the Ohio Rehabilitation Services Commission in particular. We further believe, all the more firmly, in the need for an independent autonomous Statewide Independent Living Council that is consumer controlled and structured to allow full examination and debate of the issues that continue to face citizens with disabilities. We resolve to work diligently with such a Council in dealing with issues of discrimination faced by citizens with disabilities in Ohio. INDEPENDENT LIVING CENTERS, The STATEWIDE INDEPENDENT LIVING COUNCIL and DIMENET Why are the Disabled Individuals Movement for Equality Network DIMENET, Independent Living Centers and the State Independent Living Councils needed and important to the future and health of the State of Ohio. Our Country is a country founded on the principles of law. Government of the people, by the people, for the people. This process works best when all citizens are involved in decisions that affect them and those they love. When we allow any group to remain uninformed and prevent them from participating in the process, grave consequences result. For an example, see the attached article entitled "A Little History Worth Knowing" by Tim Cook a noted disability rights attorney. For most of our history as a Country we have excluded people with disabilities from the mainstream and have allowed other well intentioned individuals to make decisions that affect the lives of some 43 Million people with disabilities. We now know this was a mistake. Government, at all levels, works best when the people affected are informed and involved in the process of making decisions that affect their lives. Since the development of the first community based, cross disability, Independent Living Centers in the mid seventies people with disabilities have become active, informed participants in the social, political and government processes in America. Independent Living Centers, the local self-help resources for people with disabilities, have promoted and encouraged this process with gratifying results. While it has not eliminated discrimination against people with disabilities in America, it has resulted in the passage of laws protecting the rights and responsibilities of people with disabilities. A stark contrast to the decision making that occurred in this country prior to the involvement of people with disabilities. Congress has taken note of these events and agrees that local consumer controlled, cross disability, Independent Living Centers are the best mechanism to solve the problems faced by people with disabilities in America today. Not to do things for people with disabilities, but to inform and empower consumers with disabilities to be productive citizens and to participate in the democratic process of decision making that affects their lives. To assist people with disabilities to do things for themselves. To be independent, involved, contributing members of our society. Congress recognized that most efforts to assist people with disabilities at the state and local level were paternalistic, fragmented and did not address well the problems faced by people with disabilities in America today. To begin to address this need, Congress required the creation of an independent, autonomous, consumer controlled Statewide Independent Living Council in every state. The purpose of the Statewide Independent Living Council is to examine all activities conducted by public and private entities within the state, regardless of the funding source for the activity, and provide input and assistance to the Governor, legislature, state agencies and others in improving the effectiveness of efforts directed at assisting people with disabilities. Congress clearly understood that mandating improvements in conditions for Americans with disabilities would be futile without the active, informed participation of people with disabilities in this process. After all, people with disabilities know best the problems they face and can be the most productive in resolving these problems themselves. The Disabled Individuals Movement for Equality Computer Network (DIMENET) assists Independent Living Centers and State Independent Living Councils is every state by connecting people with disabilities and providing them access to the information they need. DIMENET promotes the peer sharing approach that is fundamental to the Independent Living and Disability Rights Movements. See the attached listing of the information forums and discussions currently provided by DIMENET. People with disabilities, be they members of the Statewide Independent Living Councils, affiliated with an Independent Living Center, or just interested citizens must have information and must be able to learn from the experiences of others to be effective in producing changes that are beneficial to all citizens. That is the role of DIMENET, local Independent Living Centers and the Statewide Independent Living Council. A Little History Worth Knowing by Timothy M. Cook The Alabama legislature declared them "a menace to the happiness...of the community." A Texas law mandated segregation to relieve society of the "heavy economic and moral losses arising from the existence at large of these unfortunate persons." Ancient penal statutes for convicted felons? NO! Racial epithets from the Jim Crow era? Not quite, though these declarations did arise in that period. Such was the treatment accorded disabled persons, especially those...with severe disabilities, by democratically elected state legislatures, in this century. Nor was the government-mandated regime of segregation, exclusion and degradation of people with disabilities limited to the South. In every state, in inexorable fashion, the policy was to keep us out of polite society. In Pennsylvania, disabled people officially were termed "anti-social beings;" In Washington, "unfitted for companionship with other children;" in Vermont, a "blight on mankind;" in Wisconsin, a "danger to the race;" and, in Kansas, "a misfortune both to themselves and to the public." In Indiana, we were required to be "segregate[d] from the world;" a Utah government report said that a "defect wounds our citizenry a thousand times more than any plague;" and, in South Dakota, we simply did not have the "rights and liberties of normal people." The United States Supreme Court, in an opinion by Justice Oliver Wendall Holmes upholding the constitutionality of a Virginia law authorizing the involuntary sterilization of disabled persons, ratified the view of disabled persons as "a menace." Justice Holmes juxtaposed the country's "best citizens" (nondisabled persons) with those who "sap the strength of the state" (disabled persons), and to avoid "being swamped with incompetence," ruled "It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind." So, the next time someone tries to explain to you that handicappism is a more "benign" form of discrimination, tell them how the segregation and exclusion of people with disabilities all began. Tell them how, historically, a lot of important decision-makers passed laws sending us away. DIMENET Forums and Discussion Areas ACILBoard Access Center Board Information Advocacy Advocacy Roundtable CAP Computer Accommodations Program Carpe_Diem Executive Directors discussion DCN Disabled Consumers Network DIAL Disability Information Access Line DNOS Disability Network of Ohio - SOLIDARITY General General information and discussion Music_Therapy Music Therapy Information & Discussion O-CIL Ohio Association of Centers for IL OPAIL Ohio Personal Assistance for Independent Living OWDN Ohio Women with Disabilities Network Representatives US House and Senate Representatives & Committees SOLIDARITY95 Abilities in Motion - Conference Information Statehouse Statehouse Legislative Action Suggestions System comments, suggestions and questions TRC Dayton Technology Resource Center Workshops Upcoming ACIL Workshops alt.activism Activities for activists alt.bbs.ads Advertisements for BBS Systems alt.med.cfs Duplicates the CFS-L mailing list alt.support.arthritis Group for those interested in Arthritis alt.support.attn-deficit Newsgroup for discussion about Attention Deficit alt.support.depression Newsgroup for discussion about depression alt.support.mult-sclerosis Newsgroup echos the MS-LIST Mailing List bit.listserv.ada-law Duplicates the ADA-LAW Mailing List bit.listserv.autism Duplicates the AUTISM mailing list bit.listserv.axslib-l Information on providing Access to library services bit.listserv.blindnws Duplicates the BLIND NEWS DIGEST mailing list bit.listserv.cfs.newsletter Chronic Fatigue Syndrome newsletter bit.listserv.deaf-l Discussion of DEAFNESS Issues bit.listserv.down-syn Discussion of DOWN-SYNDROME Issues bit.listserv.dsshe-l Disabled Student Services in Higher Education bit.listserv.easi Discussion of Access To Educational materials bit.listserv.l-hcap Duplicates the L-HCAP mailing list bit.listserv.tbi-sprt Discussion of Traumatic Brain Injury dnet.ADA Americans with Disabilities Act dnet.AILCNY Association of ILCs in New York dnet.ATPEE Assistive Technology Product Exchange & Evaluation dnet.AWD Aging with a disability dnet.Adapt American Disabled for Attendant Programs Today dnet.BayStateNews Massachusetts News Exchange dnet.CATS California Assistive Technology Systems dnet.CILReg4 Region IV Centers for Independent Living dnet.CILstandards RSA Workgroup on CIL Standards and Indicators dnet.Editorial DIMENET Editorial Committee dnet.Employment Job announcements and other employment opportunity dnet.For_Sale Items For Sale dnet.General General Information dnet.Health National Health Care Reform dnet.Housing Housing Information and Discussion dnet.ILRU Independent Living Research and Utilization RTC dnet.ILTA Independent Living Technical Assistance dnet.JOBSILRU ILRU Job Bank Listings dnet.Jerrys_orphans Jerry's Orphans dnet.Justice Justice for All dnet.KACIL Kansas Association of Independent Living Centers dnet.Meetings Meetings and Conferences dnet.NAIL National Association for Independent Living dnet.NARIC National Rehabilitation Information Center dnet.NCILAnnual National Council on IL Annual Meeting dnet.NCILBoard National Council on Independent Living Governing Board dnet.NCILHealth NCIL Health Care Reform Meeting dnet.NCILMembership National Council on Independent Living Members dnet.NCILNEWS NCIL Newsletter Article Submission Area dnet.NCILRegion NCIL Regional Representatives Committee dnet.NECILC New England Coalition of Independent Living Centers dnet.NET Network Discussion dnet.NWS National Womanist Society dnet.Opinion DIMENET Anonymous Newsgroup dnet.PAS Personal Assistance Services dnet.PAnews Pennsylvania News dnet.PCIL Pennsylvania Council on Indepedent Living dnet.Presidential Presidential Forum dnet.RComm NCIL Rehabilitation Act Committee dnet.RTCIL Research and Training Center on Independent Living dnet.Rehabact Rehabilitation Act dnet.SERIES SERIES Discussion dnet.SILC State Independent Living Council Discussion dnet.Speech Speech Disability - Hear Our Voices dnet.Suggestions DIMENET System Suggestions or Questions dnet.Town_Meeting Town Meeting (Open Forum Discussion) dnet.Training Independent Living Training Resources dnet.c-palsy Ceberal Palsy Mailing List dnet.clinton.news Whitehouse News dnet.dadvocat Fathers of Children with Disabilities dnet.mobility SJU Mobility Disabilities List dnet.roadmap Interactive Internet Training Workshop misc.consumers Consumer Interests, Product Reviews, Etc. misc.consumers.house Discussion about owning and maintaining a house misc.education Discussion of the Educational System misc.handicap Items of Interest for/about people with disabilities misc.jobs.contract Discussions about contract labor misc.jobs.offered Announcements of Positions available misc.jobs.offered.entry Announcements of only entry level positions misc.jobs.resumes Posting of resumes and "situation wanted" articles misc.legal Legalities and the ethics of law P E R S O N A L R E S U M E OF Roland W. Sykes 6256 Ramblewood Drive Dayton, Ohio 45424 (513) 237-8360 rsykes@gimp.tnet.com Greater Independence through Management Programs, Inc. President and Chief Executive Officer 11/91 to Present o Consultation with Independent Living Centers on Independent Living philosophy, methodology, and practice. o Consultation on operational logistics, design, development and implementation of effective, efficient and accessible computerized information management and communications systems. o Sales of computers, software and related business equipment. Disabled Individuals Movement for Equality NETwork (DIMENET) Chairman, Editorial Committee 11/89 to Present and Systems Administrator o Design, development and implementation of a consumer controlled, self supporting Worldwide Computer Network of Independent Living Centers and Disability Advocates resulting in increased information sharing within the fields of Independent Living and Disability Rights. o Providing logistics and communications support for educational activities resulting in the passage of The Fair Housing Act Amendments, The Air Carriers Access Act, The Americans with Disabilities Act, The Re-authorization of the Rehabilitation Act, and the upcoming health care reform act, among others. Ohio Independent Living Network (OILNET) System Administrator 11/91 to Present o Design, development and implementation of a Statewide Computer Network of Independent Living Centers and Disability Advocates resulting in increased information sharing within the fields of Independent Living and Disability Rights. o Providing logistics and communications support for educational activities resulting in increased independent living opportunities for Ohioans with disabilities. National Council on Independent Living Computer Network--Tulsa, Oklahoma Project Director 11/87 to 11/89 o Development and operation of a computer network for use by Independent Living Centers (ILCs) for the purpose of sharing information useful in addressing disability concerns; o Training on use of the computer network for ILCs and others; o Training for selected ILCs on use of computers for daily operations; o Development of databases of use to ILCs; o Facilitation of access to existing national databases by ILCs; o Supervision of Computer Network Project staff. Ability Resources--Tulsa, Oklahoma Executive Director 3/83 to 10/87 o Manage all staff and programs of the Independent Living Center; o Manage all direct services and all community development programs; o Develop ongoing funding in conjunction with the Board of Directors. Illinois Department of Rehabilitation Services Comprehensive Services Resource Planner 7/79 to 8/83 o Contract Officer in charge of ILC grants and provision of technical assistance to local housing authorities and transit districts concerning accessibility requirements statewide; o Coordinated the development and implementation of a state plan for independent living; o Conducted studies leading to new policy development for agency services for individuals with disabilities; o Represented the Director of I.D.O.R.S. as Chairman of the Fair Hearing Committee and recommend policy changes or new policy development. EDUCATION Bachelor of Science Degree Rehabilitation Counseling Wright State University--Dayton, Ohio August 22, 1978. PREVIOUS VOLUNTEER ACTIVITIES Tulsa Mayor's Commission on Concerns of the Disabled Associate Member and past President Oklahoma Rehabilitation and Visual Services Independent Living Committee Member Oklahoma Rehabilitation and Visual Services Consumer Advisory Board President Green Country Wheelchair Sports Association Parliamentarian Freedom and Independence Reaching Everyone Political Action Committee Vice-President National Council on Independent Living Internal Vice-President Board Member and Region VI Representative Oklahoma Coalition of Citizens with Disabilities Secretary Oklahoma Governors Office of Handicapped Concerns Advisory Board Member Illinois Professional Association of Individuals with Disabilities President REFERENCES Brook D. Tarbel Board of Directors Ability Resources, Inc. 3111 South Madison Tulsa, Oklahoma 74105 (918) 747-4872 Others on request Other relevant sections of the Rehabilitation Act that have bearing on the State Independent Living Council. Section 101 (a) (33) (33) provide for coordination and working relationships with the Statewide Independent Living Council established under section 705 and independent living centers within the State; State Rehabilitation Advisory Council Section 105 (b) (1) (A) (i) (i) at least one representative of the Statewide Independent Living Council established under section 705, which representative may be the chairperson or other designee of the Council; Process for Developing Strategic Plans Sec. 122. (a) Period and Updates.- The strategic plan shall cover a 3-year period and shall be updated on an annual basis to reflect actual experience over the previous year and input from the State Rehabilitation Advisory Council established under section 105, individuals with disabilities, and other interested parties. (b) Recommendations.- Prior to developing the strategic plan, the State shall hold public forums and meet with and receive recommendations from members of the State Rehabilitation Advisory Council and the Statewide Independent Living Council established under section 705. Use of Funds Sec. 123. A State may use funds made available under this part, directly or by grant, contract, or other arrangement, to carry out (12) support the funding of the State Rehabilitation Advisory Council and the Statewide Independent Living Council established under section 705. --- Roland W. Sykes INTERNET rsykes@gimp.tnet.com 6256 Ramblewood Drive Riverside, OH 45424 (513) 237-8360 Voice
