stuttering, employment and the ada
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Stuttering, Employment and the ADA. ADA (1990). prohibits employment discrimination against qualified individuals with disabilities. ADA (1990). Did not “list” dis-abilities by name as not to limit scope of the Act. “Individual with a disability”. Definition: 1. a physical or mental - PowerPoint PPT PresentationTRANSCRIPT
Stuttering, Stuttering, Employment Employment and the ADAand the ADA
prohibits employment prohibits employment discrimination against discrimination against
qualified individuals with qualified individuals with disabilities.disabilities.
ADA (1990)ADA (1990)
Did not “list” dis-abilities Did not “list” dis-abilities by name as not to limit by name as not to limit
scope of the Act. scope of the Act.
ADA (1990)ADA (1990)
Definition:Definition:1. a physical or mental1. a physical or mental impairment that impairment that substantially limits one substantially limits one or more major life or more major life activities.activities.
““Individual with a Individual with a disability”disability”
2. A record of such an 2. A record of such an impairmentimpairment
3. or is regarded as having 3. or is regarded as having such an impairmentsuch an impairment
““Individual with a Individual with a disability”disability”
StutteringStuttering Fulfills definition of a Fulfills definition of a
““physiological disorderphysiological disorder”” or or ““conditioncondition” that affects the” that affects the
“ “speech organsspeech organs” and that limits ” and that limits an individuals ability to an individuals ability to participate in the “participate in the “majormajor lifelife activityactivity” of “” of “speakingspeaking” and ” and
in some cases “in some cases “workingworking”.”.
Has “disability” Has “disability” if:if:
““regardedregarded”” as having such as having such an impairmentan impairment
Columbus,Ohio Columbus,Ohio vs Liebhartvs Liebhart
History:History:• 10 years part-time auxiliary 10 years part-time auxiliary
firefighterfirefighter• extensive experienceextensive experience• rated as “excellent” by co-workersrated as “excellent” by co-workers• applied for full-time jobapplied for full-time job•denied due to stutter during denied due to stutter during oral examoral exam
Columbus,Ohio Columbus,Ohio vs Liebhartvs Liebhart
History:History:• 10 years part-time auxiliary 10 years part-time auxiliary
firefighterfirefighter• extensive experienceextensive experience• rated as “excellent” by co-workersrated as “excellent” by co-workers• applied for full-time jobapplied for full-time job• denied due to stutter during oral denied due to stutter during oral
examexam•Sued and wonSued and won
ADA applies to:ADA applies to:
•private employers, private employers, •state and local governments, state and local governments, •employment agencies andemployment agencies and •labor unionslabor unions
ADA does not ADA does not apply to:apply to:
•federal government, federal government, includingincluding–military servicesmilitary services
Principle ofPrinciple ofReasonableReasonable
AccommodationAccommodation•May include job May include job “restructuring”“restructuring”
Determining Determining qualifications qualifications
for a jobfor a job2 Steps2 Steps 1. Education, work 1. Education, work
experience, training, experience, training,
skills, licenses, certificates,skills, licenses, certificates,
etc.etc.
Determining Determining qualifications qualifications
for a jobfor a job2 Steps2 Steps 2. Whether individual can perform 2. Whether individual can perform
essentialessential f functionsunctions of the job, with or without a of the job, with or without a
reasonable accommodationreasonable accommodation
Essential functionEssential functionTask that the employees in the Task that the employees in the
position actually do, and position actually do, and removing that task removing that task fundamentally changes the job.fundamentally changes the job.
ADA does not require employers ADA does not require employers to develop or maintain written to develop or maintain written job descriptions.job descriptions.
Free money if you Free money if you stutterstutter
NSP Advocacy NSP Advocacy CommitteeCommittee
Provides informationProvides information will write to employers to educate will write to employers to educate
themthem will work with attorneyswill work with attorneysContactContact
• NSP Advocacy CommitteeNSP Advocacy Committee
Help paying for an anti-Help paying for an anti-stuttering devicestuttering device
1. ADA requires some 1. ADA requires some employers to provide employers to provide devices, and then devices, and then reimburses some of these reimburses some of these employers 50%employers 50%
Help paying for an anti-Help paying for an anti-stuttering devicestuttering device
2. Telephone companies in 2. Telephone companies in several states provide the several states provide the Desktop Fluency System Desktop Fluency System free to customers free to customers
3. State vocational 3. State vocational rehabilitation programs rehabilitation programs should provide an should provide an electronic device if you’re electronic device if you’re looking for a job.looking for a job.
Help paying for an anti-Help paying for an anti-stuttering devicestuttering device
4. IRS allows you to deduct 4. IRS allows you to deduct speech therapy equipment speech therapy equipment on Schedule A, if your total on Schedule A, if your total medical expenses exceed medical expenses exceed 7.5% of your adjusted gross 7.5% of your adjusted gross income.income.
Help paying for an anti-Help paying for an anti-stuttering devicestuttering device
5. Federal Supplemental 5. Federal Supplemental Security Income helps low Security Income helps low income children with income children with disabilities. They send you disabilities. They send you a check every month, but a check every month, but don’t pay for devicesdon’t pay for devices
Help paying for an anti-Help paying for an anti-stuttering devicestuttering device
6. Health insurance 6. Health insurance programs usually only programs usually only pay for a device if you pay for a device if you have neurogenic have neurogenic stuttering (stroke or head stuttering (stroke or head injury)injury)
Help paying for an anti-Help paying for an anti-stuttering devicestuttering device
7. IDEA (Individuals with 7. IDEA (Individuals with Disabilities Education Act) Disabilities Education Act) helps children with helps children with disabilities…ask school disabilities…ask school principal or slpprincipal or slp
Help paying for an anti-Help paying for an anti-stuttering devicestuttering device
IDEAIDEAPresentation at ASHA Convention, 2000Presentation at ASHA Convention, 2000Chamela et alChamela et al
Commitment to improving Commitment to improving quality of services to children quality of services to children with disabilitieswith disabilities
IDEA RegulationsIDEA Regulations Created changes in Created changes in
• who will qualify for speech and language who will qualify for speech and language servicesservices
• how IEP’s are developed andhow IEP’s are developed and• manner in which services will be manner in which services will be
delivereddelivered• qualified children for service based on qualified children for service based on
educational impact (including non-educational impact (including non-academic and extracurricular activities)academic and extracurricular activities)
Specified that clinicians may Specified that clinicians may advocate for preferred practicesadvocate for preferred practices
Included parents as providing input Included parents as providing input into the evaluationinto the evaluation
IDEA EligibiltyIDEA Eligibilty Entrance/exit Entrance/exit
criteria must criteria must coincide with the coincide with the impactimpact that the that the disorder has on disorder has on educational educational performanceperformance
Discrepancies Discrepancies exist among exist among districts/states in districts/states in definitions, definitions, assessment and assessment and eligibility criteriaeligibility criteria
ADVERSE IMPACT IS NOT DEFINED IN THE LEGISLATION
Adverse Educational Adverse Educational Impact (AEI)Impact (AEI)
Cannot be limited to discrepancy in Cannot be limited to discrepancy in age/grade performanceage/grade performance
Must be determined on an individual Must be determined on an individual basisbasis
Includes academic and nonacademic Includes academic and nonacademic areasareas• General curriculum General curriculum • Nonacademic curriculumNonacademic curriculum• Extracurricular activitiesExtracurricular activities
Determining educational Determining educational relevancerelevance
Academic: ability to benefit from Academic: ability to benefit from the curriculumthe curriculum
Social: ability to interact with peers Social: ability to interact with peers and adultsand adults
Vocational: ability to participate in Vocational: ability to participate in vocational activitiesvocational activities
Academic impact Academic impact documented by:documented by:
Academics below grade levelAcademics below grade level Difficulty with language based Difficulty with language based
activitiesactivities Difficulty with auditory Difficulty with auditory
comprehensioncomprehension ****Difficulty communicating ****Difficulty communicating
information orally****information orally****
Social ImpactSocial Impact
Interference with listeners’ Interference with listeners’ understanding***understanding***
Difficulty maintaining or terminating Difficulty maintaining or terminating verbal interactions***verbal interactions***
Student experiences teasing from Student experiences teasing from peers***peers***
Demonstrates fear/embarrassment***Demonstrates fear/embarrassment*** OtherOther
Vocational ImpactVocational Impact
Impact on job related Impact on job related skills/competenciesskills/competencies
Difficult following directionsDifficult following directions Inappropriate commentsInappropriate comments Difficulty asking/answering Difficulty asking/answering
questions***questions*** Other***Other***
IDEA Assessment IDEA Assessment Requirements & StutteringRequirements & Stuttering
Use a variety of tools and strategiesUse a variety of tools and strategies Obtain relevant and functional Obtain relevant and functional
information about the childinformation about the child Information from parents & teachersInformation from parents & teachers No single criterion should be used to No single criterion should be used to
determine eligibilitydetermine eligibility Must include cognitive and affective Must include cognitive and affective
factorsfactors
Assessment Process Assessment Process (Schools)(Schools)
Stage I: Establish that a disorder is Stage I: Establish that a disorder is present without respect to severity or present without respect to severity or impactimpact
Stage II: Determine whether the Stage II: Determine whether the condition has an AEI condition has an AEI
Stage III: Decide whether student Stage III: Decide whether student needs services in order to participate needs services in order to participate appropriately in the general curriculumappropriately in the general curriculum
Review of entrance criteria Review of entrance criteria in 6 statesin 6 states
Found 44 different criteria, falling Found 44 different criteria, falling into one of 6 categoriesinto one of 6 categories• Cognitive: beliefs/perceptionsCognitive: beliefs/perceptions• Affective: emotionsAffective: emotions• Linguistic: linguistic units or behaviorsLinguistic: linguistic units or behaviors• Motor: form, frequency, duration, Motor: form, frequency, duration,
accessory behaviorsaccessory behaviors• Social: AEISocial: AEI• Other: age, chronicity, history etc.Other: age, chronicity, history etc.
RECOMMENDATIONSRECOMMENDATIONS
ENTRANCE CRITERIAENTRANCE CRITERIA Less emphasis on ONE (motor) behavior Less emphasis on ONE (motor) behavior Increased emphasis on affective and Increased emphasis on affective and
cognitive components of the disordercognitive components of the disorder Specifically require other measures beyond Specifically require other measures beyond
speech sampling/observation of speech speech sampling/observation of speech behavior across multiple environmentsbehavior across multiple environments
Document AEI beyond classroom Document AEI beyond classroom participationparticipation
RECOMMENDATIONSRECOMMENDATIONS
EXIT CRITERIA: Students should be EXIT CRITERIA: Students should be dismissed when…dismissed when…
All objectives have been met and no All objectives have been met and no additional intervention is warrantedadditional intervention is warranted
Parents request exitParents request exit Intervention no longer results in Intervention no longer results in
measurable benefitsmeasurable benefits Child is unwilling/unmotivated and Child is unwilling/unmotivated and
efforts to address motivation have efforts to address motivation have been unsuccessfulbeen unsuccessful
Extenuating circumstances Extenuating circumstances warrant discontinuationwarrant discontinuation
Disorder no longer impacts Disorder no longer impacts educational performanceeducational performance
Child no longer needs services to Child no longer needs services to participate in general curriculumparticipate in general curriculum
Developing Relevant IEP Developing Relevant IEP GoalsGoals
MUST (ACCORDING TO IDEA)MUST (ACCORDING TO IDEA) Consider child’s individual needsConsider child’s individual needs Change as child’s needs changeChange as child’s needs change Discuss present levels of performanceDiscuss present levels of performance Include Annual goalsInclude Annual goals Include benchmarks or objectivesInclude benchmarks or objectives Consider other factorsConsider other factors
Guidelines for Developing Guidelines for Developing IEP GoalsIEP Goals
Begin with teacher/administrator Begin with teacher/administrator education about nature of stuttering education about nature of stuttering problems in childrenproblems in children
Explore communicative competencies Explore communicative competencies with with individualindividual teachers teachers
Recognize nature of treatment child Recognize nature of treatment child currentlycurrently needs needs
Relate stuttering treatment to Relate stuttering treatment to curriculumcurriculum
Consider consultation from a Consider consultation from a fluency specialistfluency specialist
Integrate aspects of stuttering Integrate aspects of stuttering therapy into the classroom therapy into the classroom
Service Delivery IssuesService Delivery Issues
Service delivery is a dynamic conceptService delivery is a dynamic concept No one service delivery model should be No one service delivery model should be
used exclusively during interventionused exclusively during intervention All service delivery models should include All service delivery models should include
collaborative consultation with otherscollaborative consultation with others IDEA regulations should result in more IDEA regulations should result in more
integrated service delivery models. integrated service delivery models.