Olmstead is the name of a 1999 U.S. Supreme Court decision (Olmstead v. L.C. and E.W.) that expounded certain aspects of the Americans with Disabilities Act. Those provisions apply to how state and native governments administer services to individuals with disabilities. Previously, the default public policy position was that individuals with disabilities would live and be granted services in segregated, often institutional settings. Olmstead is about moving the default position to the choice end of the spectrum with the starting assumption that community living and full integration with persons with disabilities is the best possible option. This ideally supports their individual disability-related needs and their personal preferences.

In 1995, the state of Georgia, where the Olmstead case began with two women named Lois Curtis and Elaine Wilson. Both women had intellectual disabilities and psychological conditions. They had been living in a state hospital for a pretty long time, and both had benefited from the mental health services they received. The professionals who had treated them agreed they could leave the facility, and both women expressed a desire to return to their homes within the community. At the time, however, the State of Georgia failed to have any community living options that might meet their needs. As a result, they'd have no choice but to stay within the institutional setting indefinitely. Lois and Elaine believed that having to remain in a very segregated setting when it had not been necessarily meant they were being discriminated against on the idea of their disabilities. With the assistance of legal advocates, they brought suit to enforce their rights under the ADA to receive publicly funded services in an integrated community setting.

On June 22, 1999, the United States Supreme Court ruled on 

After much deliberation, Lois and Elaine eventually won their suit. The Supreme Court ruling was touted as a civil rights landmark, reaffirming non-discrimination against individuals with mental illness and disabilities. This was the cause for many other states and local jurisdictions to reevaluate the way they serviced individuals with disabilities with the recognition that:


•People with disabilities should have the same opportunities to live life like people without disabilities;.

•People with disabilities should have real opportunities for integration into their local community, independence, recovery, choice and self-determination in all facets of life. These include but are not limited to where they live, how they spend their time, where they work, or how they participate in their community.

•People with disabilities should receive quality services that meet their individual needs.

Since 2000, the Iowa Department of Human Services has been the state’s designated lead agency in responding to the Olmstead Decision. The Olmstead Plan, now in its fourth edition, represents a vision for implementing Iowa’s obligation to provide individuals with disabilities opportunities to live, work, and be served in integrated settings. The plan has been developed with input from various stakeholders, including individuals who access public disability services, and we will continue to gather public input on an ongoing basis.

Nancy’s Place will contribute to the Iowa Department of Human Services' vision of carrying out the Olmstead Plan by empowering individuals with disabilities to have more opportunities of integrating into their community instead of institutional settings by providing more housing options specifically geared towards them.

The Olmstead Plan and why it is important

As the Executive Director of Nancy's Place, I am passionate about ensuring that individuals with intellectual and mental disabilities receive the services and support they need to thrive in their communities. One crucial aspect of this support is special education services. These services are essential in ensuring that children with disabilities receive the education and assistance they need to progress in their academic, social, and emotional development.

In Iowa, special education services are free to parents of children with disabilities, thanks to the Individuals with Disabilities Education Act (IDEA). IDEA is a federal law that governs this service and ensures that it meets the changing needs of children with disabilities. IDEA requires that states provide Free and Appropriate Public Education (FAPE) to children eligible for special education services, regardless of their health conditions or disabilities.

Iowa has a unique non-categorical eligibility system for special education services. This system does not require a disability diagnosis. Instead, children go through various performance domains, such as academics, behavior, physical health, hearing/vision, adaptive behavior, and communication. If a child is determined to have a disability based on deficits in these skill areas, they may be eligible for special education services.

The IDEA law requires that special education services meet the student's unique needs. It should include instruction in core academic subjects like reading, math, science, and social studies. Some children may also require related services, such as speech-language pathology, psychological services, physical and occupational therapy, and school nurse services. Accommodations and modifications are also essential to help students access the general education curriculum and complete the same assignments as their peers.

Special education is a program of specially designed instruction that assists a child in a general education classroom or some other appropriate setting if the child's needs make that necessary. The IEP team considers providing services to a student in their Least Restrictive Environment (LRE), meaning alongside their non-disabled peers, to the extent that it is appropriate. Additionally, parental rights are an essential part of the IDEA law. Parents are always included in decision-making related to their child's IEP, and their Procedural Safeguard rights are reviewed with them at least annually.

As an organization that supports individuals with intellectual and mental disabilities, Nancy's Place recognizes the importance of special education services. We are dedicated to providing comprehensive educational materials to empower families, friends, and social workers to acquire necessary services for individuals with disabilities. Our mission is to ensure all individuals have access to the tools and services needed to lead productive and fulfilling lives within their communities.

Learn about special education law, eligibility, services, and rights for Iowa students.

What exactly is Special Education?

As a parent of a child with intellectual and mental disabilities in Iowa, you have the right to ensure your child receives the best possible education services. This is where the Individuals with Disabilities Education Act (IDEA) comes in. IDEA has six main principles that every parent should know to ensure their child's educational needs are being met.

The first principle of the IDEA is the provision of Free Appropriate Public Education (FAPE), which entitles eligible children with disabilities to a free, appropriate public education that meets the standards of the state department of education. This education must be designed to meet the unique needs of each eligible student and provided according to a written Individualized Education Program (IEP) from preschool through high school.

The second principle is Appropriate Evaluation, which ensures that a student receives an evaluation before special education services to determine if they qualify as a "child with a disability" and to assess the student's educational needs. Parents must permit the evaluation, and the assessment must test all areas of suspected disability.

The third principle is the Individualized Education Program (IEP), which is a written statement developed by a team of educators, parents, the student (when appropriate), and other knowledgeable individuals. The IEP should include measurable goals that provide meaningful progress in the general education curriculum and functional performance. Parents and the student must be meaningfully involved in the development of the program.

The fourth principle is the Least Restrictive Environment (LRE), which means that the child's disability-related needs must justify any placement outside the general education classroom, and schools should strive to provide appropriate student offerings in the general education classroom and integrated settings.

The fifth principle is Parent and Student Participation in Decision Making, which means that schools must ensure that parents have the opportunity to be active participants in each step of the special education process. Parents and students must be meaningfully involved in their child's education.

The sixth principle is Procedural Safeguards, which provides essential procedural safeguards to ensure that the rights of children with disabilities and their parents are protected. Parents have several rights when it comes to their child's education, including written notice of any changes or proposed alterations in their child's instructional programming or placement and the right to access and review their child's educational records.

Understanding these principles is essential for parents to ensure their child is receiving the education services they need and deserve. It is vital to ask the right questions to ensure that the child's IEP team has set meaningful and challenging goals for the child, taking into account any input from the parent. It is also essential to inquire if their child is learning in a setting that provides them with as few restrictions as possible.

At Nancy's Place, we understand the importance of education and support for families of children with intellectual and mental disabilities. We are dedicated to providing resources and guidance to ensure that parents and their children receive the best possible education services.

Blog

The Olmstead Plan and why it is important

What exactly is Special Education?

The six principles of the IDEA

Hunter Cook on the Noble Law Podcast