WIA Section 188 Disability Checklist Training Element 5.4 – Most Integrated Setting
Old 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
Segregation • Is the recipient segregating: • all people with disabilities? • all members of a particular class of people with disabilities? • specific individuals with disabilities?
Segregation (cont’d) • Can the recipient prove: • that segregation is necessary? • that it provides alternate services that are as effective as services for people without disabilities? • that it gave people with disabilities the option of participating in either the segregated or regular program?
Group Exercise: Is this a lawful instance of segregation? Purpose: • To determine whether a particular instance of segregation satisfies the requirements. 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.
Group Exercise: Is this a lawful instance of segregation?(cont’d) Tasks (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. • Have the designated team member briefly describe the case, and explain your team’s conclusions and reasoning about the case, to the class.