MARCH 1, 2010 VCU WEBCAST Services Provided By: Caption First, Inc. >> CATHY HEALY: Hi, thanks for joining us today. I'm Cathy Healy with the Parent Educational Advocacy Training Center Next Steps Transition Training Program. We are here at VCU RRTC bringing you information about topics that are specific to the transition of students with disabilities. This is a grant funded by the U.S. Department of Education, Rehabilitation Services Administration. And we are very excited to have with us today a speaker who is an expert in the field. But before I tell you about our speaker, I want to give you a little bit more information about how to find us. PEATC has been around for more than 30 years. We have been talking to families in that time about special education, general education, and all things related to how families can be good support systems for their children with disabilities. We invite your calls at 800-869-6782, for Virginia parents; or locally, 703-923-0010. We invite you to go through our Website, www.PEATC.org, where you will find a full list of all of the webinars that we have done to date. As part of this program we are offering professionals CEUs and CRCs; and to parents if you are interested, we are happy to submit to you a parent training certificate. At the end of this presentation, we would like for you, if you could, please fill out an evaluation at the end of the program. There will also be posted a web board discussion, where you can have direct access to the presenter. We are very excited today to have Marian Vessels from the Mid-Atlantic Disability Business Technical Assistance Center or the DBTAC. I've known Marian for a number of years. She is quite an interesting woman, and has great information to impart to us. We have asked her to talk a little bit about what families and professionals who work with young students with disabilities need to really know about self-disclosure and accommodation, as they begin to leave the protected world of school and into adult life, whether it's a post-secondary education setting, a college setting, vocational program, or employment. What do students really need to know in order to function with respect to accommodation and self-disclosure? When do I need to ask about accommodations? When do I need to talk about my disability because we have heard lots of different stories about young people at job interviews, when they really didn't know how to talk about the accommodations that they needed to do the basic functions of the job, but they did know how to talk to the employer about their rights, and that was pretty scary and intimidating for the employer that I was talking with. We want to be sure that students have ample time to think through how they are going to talk about these things, in a place where they can be confident and comfortable and with people with whom they trust. We are excited and pleased that Marian Vessels agreed to present her information to us today. Once again I would like to encourage you to visit the web board discussion and also fill out an evaluation for us. Thank very much, Marian? Thank you for being here. >> MARIAN VESSELS: Thank you, Kathy. Today we are talking about disclosure issues for parents and students with disabilities. I'm excited about this topic. I think it's valid for a lot of folks to know about it and it's often something people don't think about. Disclosure is the process of deciding, who, when, what, where to whom you disclose your disability to receive the accommodations you need, to perform the essential functions of the job or as a student. Disclosure as I said is something that most people don't think about. They don't think about the issues involved, in what it means to disclose your disability and if you need to, so that is what we will be talking about today, that whole process. The first thing that you need to think about when you are discussing the issues of disclosure is let's go back to the basics. You have probably been in the situation where you have been under IDEA, and IDEA is what the law that will assist you, maybe even ADA 504, that assisted you in getting through your primary education. At that point the school was responsible for assisting you in being successful, and they made sure you got the special classes or special accommodations that you might have needed to be successful in school. IDEA is an entitlement law. That's important to remember, because the law has very specific guidelines about how you are to get assistance, and what the process is. And you are able to interact with that process, but they are really affirmative obligations that the school system has to assure your success. Once you leave that system though, everything is very different. The ADA, the Americans with Disabilities Act, is an eligibility based law, which means that if you have a significant disability that significantly impacts one or more major life activities, then you are entitled to certain accommodations, but only if you request those accommodations. You are responsible for proving your disability status, and then requesting the necessary accommodations you will need to be successful in school or work. This is really important to remember. No one is going to be watching out for you. No one is going to be there to assure your success; only you. So you have to decide, am I going to request an accommodation, and then the process that you need in disclosure. Your rights and responsibilities; you have an obligation to disclose your disability if you need accommodations to help you be successful in school or work. The responsibility is yours and yours alone to disclose or not to disclose. You need to think about how important those accommodations are to assure your success. When I first interviewed for my first professional job, because I used a wheelchair, I felt it really important to be able to disclose my ability ahead of time because I couldn't hide it. I wanted to let people know, going in, that I had a disability, and that I was able to use my disability as a positive, and not a negative. But that was my choice, and yours may be a very different choice. There is no legal mandate to disclose your disability. A lot of people don't understand that. They say, well, if I have a disability, I have to tell everybody that I have this disability. That is not the case. You are not required to disclose your disability, prior to beginning school or work. It is not a requirement. I've seen some students that go in after leaving the school system, and when they first enter another school or they go to work, they want to tell everybody, all about their disability, and what limitations and all those kinds of things. And that is not the case. You do not have to disclose a disability. It is not lying. You are not required to disclose it until you need an accommodation. Then you have the ability, if you don't need it initially, you can disclose any time during your employment or school career. When I took this last job that I have now as the director of the ADA center, they knew I had a disability. I have a spinal cord injury. They knew I used a wheelchair. That was actually an asset for doing my job, talking about people with disabilities in the ADA. But what I didn't know is six months later I'd be diagnosed with cancer. Then I had a hidden disability that no one knew about, unless I said something. When I interview for positions now, I wouldn't necessarily tell anybody that I had cancer, because it really wasn't relevant to my being able to do the job. But my disability in a wheelchair might be relevant because I might need accommodations in the workplace, or in travel. So I disclose part of my disability, but not all of my disabilities. Disclosure is required to receive the accommodation, as I said, you need to be proactive. You need to take the responsibility to request the accommodation. And it's very helpful if you can identify the accommodation you need, you have been used to dealing with your disability in a variety of settings. You probably know many of the accommodations that you might need that will help you be successful. If you can tell your student advisor, the disability student services, or your supervisor, or human resources, what kind of accommodations you need, that will help them assist you in getting those accommodations, that may be the best ones for your disability. What are the consequences of not disclosing? You won't perform at your best, if you don't have the accommodations that you are used to having. You might fall behind in your work load. And it would increase the stress of not using the accommodations you have been accustomed to. I have seen too many cases where folks felt that they were able to do without their disability related accommodations, that they might have outgrown them or it's a new environment, and I don't need it anymore. I've progressed. And we often find that students may have a tendency to overestimate their ability to be successful. Our goal is to make you successful in both work and/or school. And you need to make some really long hard thinking about the process of disclosing. And what those consequences are. Many times, you can't go back and undo what you have done by not disclosing the disability and the need for accommodations ahead of time. So, think about what it is you need, and why you need it. And remember that people aren't allowed to discuss your disability, to anyone else. It is regulated to be very private, and they can't share that information, only with people who have a need to know. So people aren't going to be discussing your disability. They may need to discuss at some point the accommodation you might need, to be successful. But even then, they are not allowed to discuss or disclose your disability. So that should take some of the fear away, if you don't want people knowing about your disability. Let's talk about what you need to disclose about your disability. You only need to disclose just enough to verify that you have a disability that needs an accommodation. As I said, I disclose my spinal cord injury, but I often don't disclose the fact that I had cancer. Think about why you are disclosing. Are you doing it because you feel that you might be lying or not being totally truthful in not disclosing your disabilities? As I said, the law doesn't require that. So you need to think about why you are disclosing. You only need to disclose if it will allow you to verify the need for an accommodation, and to help you be successful. You need to think about how the disability affects your ability to perform, either at school or at work. If you have a severe disability and you definitely will need some sort of assistance, then that is a great reason for disclosing your disability. But if on the other hand, you have a disability that may not need accommodations that will be discussed with other folks, you might be able to do without disclosing that disability. And remember, you can disclose at any point in your employment and/or your school career. But, you can't go back and make up for lost time when you didn't disclose. Think about the accommodations that have worked for you in the past. What kind of accommodations helped? What were marginal? Do some exploration. The assistive technology projects are a great place in every state to determine what kind of assistive technology may exist in the community right now. Things you may never heard of, that may have made great advances and might be the perfect solution to accommodations that you might need, and you can do without disclosing then your disability to anyone else. What are the anticipation of your activities and duties in your next life as a student or as an employee? You pretty much know by the interview and by the job description, what the requirements of a job are. You probably know as a student what kind of accommodations are going to help you be very successful. Think about the future. What is it that you will absolutely need, to be successful, and then determine what the disclosure will benefit you if you are allowed to get those accommodations. Disclose only enough to justify the accommodation that you are requesting. You do not as I said have to disclose all of your disabilities, only disclose the disability or the part of the disability that impacts on the accommodation you need and only to the extent that it's needed to get the accommodation. So if you have a reading disability and others as well, you might only have to say I have a reading disability that has been documented and this is what I need to be able to be successful in my classes. I will need a reader. I will need a, whatever. That can be very easy to discuss because it's a very limited aspect of maybe multiple disabilities that you have. And you don't have to tell anyone about those other multiple disabilities, just about that reading disability. But, you want to make sure that the disability that you are disclosing and the need for the accommodation have a connection. I took a telephone call at our information center one day from a young man who had spinal cord injury. He was upset because his employer wouldn't let him come to the work late every day, or when he chose to. He said, well, I'm disabled, I have a disability, I'm entitled to accommodations. I said, yes, you are, depending on what the disability is and what the need for the accommodation is. He said, I just don't like to get up in the morning sometimes, and because I have a disability, I am eligible for that. I said no, because your disability doesn't connect with your not wanting to get up early in the morning and get to work on time. If you were taking paratransit and that was the only way you could get to work, and paratransit could only get you to work at 9:00, then you could ask your employer for an accommodation to not come in at 8:30 but come in at 9:00 because your disability requires you to take paratransit. That would be an accommodation, and that would be worthwhile disclosing your disability to justify the accommodation you need, which is flexible time. But that is justified due to your disability, not the fact that you don't want to get up in the morning, even though you have a disability. The disability doesn't give you carte blanche to request any accommodation you need. So you can't use that for anything, just for ones that would allow you to do the work in the most efficient and effective manner that you can, by disclosing your disability. There is such a thing as a disability script. You need to practice how to disclose your disability with someone you trust, and feel comfortable with. A disability script describes for you, to someone else, what your disability is, what you want to say about it, and what you want to ask for, as that accommodation. This sounds pretty easy. Yeah, I talk about my disability all the time. But it's very different when you are being interviewed by a school, or you are being interviewed by an employer, or you are having to discuss your disability and your needs with a disability student services. That can be a very challenging and a very difficult thing for some people to do. It's very helpful if you take the time to sit down and practice what it is you are going to say, why you are saying it, what you want people to know about, and what the accommodations that you need. It's an easy simple technique that will allow you to be very comfortable and confident when you go in and ask for an accommodation and discuss your disability. You want to talk only about relevant disability information. Again, practicing that will help you be very secure in what you want to disclose, so you are not disclosing too much. You want to emphasize your strengths and your abilities. These are the kind of things that I can do, and that I'm able to do. If you decide to disclose, then you can say, in spite of my disability, or because of my disability, I've learned to be very creative, and flexible. There is nothing like a disability that helps you figure out alternative ways to do things, and overcome challenges and be persistent, and be effective. Keep the discussion very positive. I often find that folks come in and say I can't do this and I can't do that, because of my disability. As an employer, I don't want to hear what you can't do. I want to hear what you can do. I want to hear what your abilities are. I want to hear what your strengths are. Tell me what you can do. Tell me about what you bring to the job or what you are going to bring to your education, and how we might be able to assist you. But I want you to be positive. I want you to think about how it's going to affect your ability to do my job and if you don't need to disclose, then you don't disclose. But if you are, practice how you are going to do it so you come out very positive, very strong in putting your best foot forward. When to disclose: Remember I said you don't have to disclose at the beginning. You can disclose at any point in the process. So, in a cover letter for your application, or in a resume or in an application for school, I would suggest only disclosing if it's a benefit. If you feel that disclosing your disability would assist you in getting the job, as I talked about in this current job as the director of the ADA center, it was really a positive that I had a disability. That showed that I had experience and knowledge firsthand about having a disability and how that would be a positive. In other jobs, it has not been necessarily a positive, but I disclosed it because it was obvious when you came in for the interview that I had a disability. And I want them to know that I could still do the job. I talked about being able to do my position and how I'd be creative at being effective in doing my job. So sometimes it's beneficial. Sometimes it's not. You need to disclose before an interview if you need an accommodation. If you are deaf and need a sign language interpreter, you need to disclose that ahead of time because you can't expect them to have a sign language interpreter available for you at the interview. If you don't, you probably won't be very successful in interviewing without it. So if you need one for the interview or the application process, if you need a screen reader, if you need someone to assist you in the application process, you need to identify that ahead of time. At the interview, it's deemed helpful to dispel doubts about the ability to perform. In one of my jobs I was working out in the community, and I think there had been a lot of concerns about how I could be successful out in the community, in a wheelchair. This is 20 years ago, when you didn't see a lot of people out with wheelchairs. I talked about how I could do it. I've done it before. These are the kind of things that I can do. I've been very successful at it. I dispelled those kinds of fears and concerns right up front. So they didn't have to worry about, gee, how would she do this job? Or what would she do in this position? I don't think I want to hire her because I'm just not so sure. I went in with a positive attitude and said I can do this job, this is what I've done in the past and this is what I'll do for you. Other times you can disclose a disability, is after the job offer. That is really one of the best times, is after they have offered you the job. You have that job offer in hand. Now it's safe for you to be able to disclose your disability, because they have already committed to you. They have already said, we want you. We think you are a good addition to our team, or we want you to attend our school. Then you can say, all right, these are the accommodations I think I will need to be able to be successful. You also before drug testing that many companies do, you need to identify the kind of drugs that you might be taking for your disability. This is very important. If they find drugs that they aren't aware of, they could fire you or not hire you on the spot, because there is a potential for those being illegal drugs. So you don't want them to find drugs in your system that you have not disclosed ahead of time. This is very important to identify. Again, it's confidential. They are not going to share that information. But you need to tell them if you are taking drugs for your conditions, your disabilities, etcetera. Again, as I said, during the course of employment, as I said, I didn't have cancer when I started working in my last job. Then I developed it. I needed accommodations to get the chemotherapy and get surgery and get radiation treatment, that I didn't know about, and they didn't know about ahead of time. So things can happen. You may be able to do without some of the accommodations you thought you would need. You may be able to find that there is new technologies that will help you do your job better, do your school education better that you don't have to talk about. Then again, you may never have to disclose a disability. You may have learned to compensate, and not have to disclose. Know what accommodations you need. Review what was recommended in your IEP. Go back to the basics. Determine what other procedures or devices might be out there now that you have never heard about. Do some homework. We will talk about some great Websites that can assist you and emphasize about how that accommodation will assist you in performing what you need to do in school or in work. Think positive. Talk about the positive aspects of why this will help you be successful. When is it too late to disclose? You need to disclose while you are in that process, while you are working or while you are in a class. It is too late to disclose when you finish the class and realize you got a failing grade, or after you have been fired. You can't say, ooh, I'm sorry, I should have told you that I have a disability. They don't have to take you back, they don't have to erase that grade, they don't have to give you a do-over. What is required is you have the obligation to determine at some point that this isn't working for me, I need to disclose my disability and let them know what I need to be successful. But that is your obligation. Again, it's too late. They don't have to erase a grade. Or, even if you disclose halfway through, they don't have to erase those test scores. You have to live up to what you decided until you decide differently. You have a bad grade, you may have disciplinary action because you didn't follow through, and you weren't able to do what you needed to do at work because of your disability. Once you disclose, there is an obligation for them to try to assist you. But you need to decide when it's important for you to disclose, and then live with those consequences. There are lots of partners that you can engage to help you figure out what kind of accommodations you will need, and when you do decide to disclose how that will help you. At work, human resources or the personnel office would probably be the place you would go to. You can also go to your supervisor if you feel comfortable. They will then assist you in identifying what your job responsibilities are, and what kind of accommodations might be helpful. So consider them part of your team. But also know going in what kind of accommodations you are requesting, or what the issue is that you are having problems with, that you think an accommodation would assist you. In school, the disability services office in almost every college and university is available to assist you. They can assist you in helping work with the instructor, to determine what it is you will need to be successful. It may be longer time for testing if that is validated by your disability. It might be having a note-taker. It might be all kinds of other types of assistance that you could use in being successful at school. Other resources that are available to you could be the Department of Rehabilitation Services. Every state has one, that will allow you to be successful in both school and work. Many times they will start working with students before they ever get out of high school. So they will be able to assist you in determining what services you might be eligible for, what supports you might be eligible for. They have training programs. They have assistance for school. So it's a wonderful resource for you to be able to determine what kind of services and programs you might be eligible for. I was able to go to the Department of Rehabilitation Services when I was injured when I was in college. They assisted me in getting accommodations I needed to go back to school and to graduate. It's a wonderful resource. There are some eligibility processes you need to go through, but I would strongly encourage you to talk with them about the services that may be available to you. Another resource that we use frequently in our jobs is the Job Accommodation Network, or JAN as we refer to it, funded by the Department of Labor. It has been around for over 20 years. They will Internet on the phone, be able to assist you, in identifying what kind of accommodations that are currently available for your specific disability, based on the kind of activities that you are currently doing, which means you can go to them if you are working, and you can go to them if you are a student. They have different types of resources for each category. They have specialists who are rehabilitation professionals, who will assist you in identifying the best resources and the latest techniques and strategies to assist you in being successful. The assistive technology projects are also available in each state. You often hear it referred to as AT. The AT projects will assist you to load libraries so you can borrow techniques or strategies or implements to help you figure out which kind of assistive technology might be helpful to you. I have a smart pen that I'm holding up that is a pen that will record, and when you write on special paper, you will be able to identify points in the lecture or in the discussion at a meeting, or doing activities and lists you will be able to record it and you will be able to identify which are very important. You will be able to highlight those and bookmark those and go back and identify them. Just one of the new technologies that you are able to get in many different places, that the assistive technology can talk to you about. There are services for those who are blind and deaf, in every state. There are disability-specific organizations. If you have a learning disability, there is specific organizations for those just with learning disabilities. If you have cerebral palsy, United Cerebral Palsy, so these are specific organizations that can assist you in finding the resources available to assist you in being better able to function within your environment. In the interview process we want you to be very positive about your skills and abilities, promote what it is you can do, not what you can't do. Be prepared to answer how you can do the job. What is it that you bring to this table? What is it that you are best at? Why should they hire you? Discuss examples of how you have done similar activities. What is it you have done that allows you to maybe compensate for your disability? What is it that you are best at? How have you learned to make your disability an asset? What is it that you have done and what strategies have you used to be successful in the past, that then should help you be successful in the future? Decide ahead of time as we have talked about if you are going to disclose your disability. Use your disability script to know how you are going to say what you are going to say. If you have a visible disability, consider discussing how you have learned to perform the required tasks. Like I discussed with my interviews, I've told them, you know, you may wonder how I can do this. And this is what I've done in the past. I know that I can be successful. To review a little bit, it's important to remember how different your life during IDEA is, versus your life with ADA and Section 504 of the Rehabilitation Act and other federal law that talks about disability. You have a very proactive responsibility under the Americans with Disabilities Act to discuss your disability if you want the accommodation. You need to think about how important that is, and who and when to disclose. Are you going to disclose? Your decision, your chance to decide what is important. Remember, parents are not eligible to talk about this to your employer, and/or to the school. As adult, once you leave the school system, you are now the sole resource for yourself. No one else can intervene for you. It is your duty and your right and yours alone to disclose the disability, or to live by that decision. Your parents are not allowed to participate in this process anymore. You can discuss things with them, you can use them as a resource, but they are not going to go to the meetings with you. They are not going to go to the interview with you. You need to decide what it is you want to disclose and how you want to do it. We talked about disclosing only the things that you need to disclose to justify the accommodation you are requesting. You don't have to talk about all of the disabilities that you have, only the ones that are going to be most important to justify your accommodation. When to disclose is very important. My recommendation is, only disclose after you have been in the position or have applied and been accepted to a school. That way, you are not biasing them. You are talking about the positives, and maybe not the negatives that people might perceive. It is not a bad thing to disclose once you have gotten into the system, once you have been employed or once you have gone to school. It is part of that process. You have a whole continuum at which you can disclose your disability. How to disclose. Who do you want to disclose to? How much you want to disclose to and the benefits to disclose and not to disclose. You have benefits and responsibilities in that decision. Disclosure is a very personal choice. No one can tell you what is right for you. It is a decision that you need to make. There is some resources that I thought would be very helpful for you. The first one is called disclosure 411. It is a document that was developed just for youth with disabilities, and it's a workbook. It will take you through this whole process step by step, to help you decide what you want to do, what you want to disclose, why you want to disclose, all the things we have talked about. It will be a good chance for you to work through all of these issues, and be very comfortable about it. The Equal Employment Opportunity Commission or EEOC has a book that I think is very helpful, called, your rights as a person with a disability. It talks about your rights as a person going into the work force. I also think it's very helpful for people even in the school system to know what their rights and responsibilities are. Thirdly, I think we are a great resource, the disability and business technical assistance centers or DBTACs we are a national network of ADA center. We provide information to anyone about their rights and responsibilities under the law so we can talk to employers. We can talk to school systems. We can talk to people with disabilities, employees, about any aspect of the ADA. So it could be your ability to be independent in the work setting or school setting, but also to be independent and getting goods and services from a restaurant or a hotel or a movie theater, or buying things at the grocery store, or getting services from motor vehicles administration and community service centers or libraries. All of these are things that we provide information on. We have a Website, and we provide materials and information and training through our 800 number. There are ten centers around the country. We specialize in the region that you live in. You can call us central 1-800 number and we are going to help you. We are a federally funded project, to assist people in knowing their rights and responsibilities under the Americans with Disabilities Act. Again, my name is Marian Vessels and it has been my pleasure to talk to you today about the disclosure issues. I wish you success in all that you endeavor. Bye. *** 1