How do I Advocate for Myself as a Person with a Disability?

How do I Advocate for Myself as a Person with a Disability?

Learning how to be your own advocate is a crucial skill. You can start by exploring our website for resources in regard to education, advocacy, and work.

You also will want to contact these resources, according to your specific needs:




Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.

What Steps Do I Take When I Need Help with Disability Questions?

What Steps Do I Take When I Need Help with Disability Questions?

If you’re reading this FAQ, you already know about NOND, the “voice of disability in nursing.” You can start by exploring our website for resources in regard to education, advocacy, and work.

NOND board members welcome the opportunity to speak with you if you do not find what you need on our website.

You also will want to contact these resources, according to your specific needs:




Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.

How Can I Understand my Legal Rights as a Person with a Disability?

How Can I Understand my Legal Rights as a Person with a Disability?

The first step to understanding your legal rights is to do your homework. You can start by exploring our website for resources in regard to
education, advocacy, and work. Information from the U.S. Department of Justice, Civil Rights Division, can be found at www.ada.gov/cguide.htm.

Learning about the ADA Amendments Act of 2008 will help you to understand how the ADAAA broadens coverage for many individuals. Other helpful resources include your state National Disability Rights Network and the Americans with Disabilities Act Technical Assistance Centers.



Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.

What Do I Do if I Have Test Anxiety?

What Do I Do if I Have Test Anxiety?

Remember that you must document your disability with your school’s Disability Services Office in order to receive accommodations. You will work with the Disability Services Office and faculty to identify helpful accommodations such as additional time or a separate test-taking environment. The American with Disabilities Act is designed to support individual variation; every case is different in the area of accommodations – you must find what works for you.

Our website can give you more information on ways to advocate for yourself. Also, learning more about the ADA Amendments Act of 2008 and how coverage has been broadened for many individuals will help your self-advocacy skills.



Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.

Do I Have to be Academically Qualified to Enter a Nursing Program, Even if I Have a Disability?

Do I Have to be Academically Qualified to Enter a Nursing Program, Even if I Have a Disability?

Yes, you must be academically qualified. Nursing requires a solid foundation in the humanities, social sciences, and biological sciences, among others, and you will need to come to your nursing program well-prepared in these areas.

If you have a disability and would like to become a nurse, it is good to know your rights. For protection, advocacy, and legal assistance, contact the National Disability Rights Network in your state. For assistance with the ADA, contact the Americans with Disabilities Act Technical Assistance http://adata.org/Static/Home.html. See also Section 504 of the Rehabilitation Act.



Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.

Where can I find information about financial resources for a nursing student or a nurse with a disability?

Where can I find information about financial resources for a nursing student or a nurse with a disability?

Please explore our site for resources in regard to education, advocacy, and employment www.nond.org/Self_Advocacy/Education.html. For information about how to get a job or get assistance with funding for school, contact your State Vocational Rehabilitation Programs.



Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.

A Strong Workforce is an Inclusive Workforce: What Can YOU Do?

A Strong Workforce is an Inclusive Workforce: What Can YOU Do?

Donna Martinez May 19, 2012

And apparently the US District Court in Oregon is in agreement!

From NDRN: Breaking News

Yesterday, the U.S. District Court in Oregon issued a 16-page Opinion and Order
in the case Lane v. Kiltzhaber, 3:12-cv-00138-ST. The Lane complaint claims that
failure to provide supported employment services violates Title II of the ADA
and the integration mandate. The Court granted the state defendants’ motion to
dismiss the complaint, but without prejudice and with leave to amend, while
directing the Plaintiffs how to correct the wording of the complaint. Most
importantly, the Court determined that the plaintiffs have valid cognizable
claims under Title II of the ADA and that the integration mandate applies to the
provision of employment-related services.

This case was filed by Disability Rights Oregon and co-counsels Center for
Public Representation, Perkins Coie LLP and Miller Nash LLP, on behalf of eight
individuals with intellectual or developmental disabilities who are able and
would prefer to work in an integrated employment setting, but instead are
segregated in sheltered workshops.

Recognizing that this is a case of first impression, the Court noted “no other
case has applied the integration mandate in a context other than one in which
the state’s action places plaintiffs at risk of institutionalization. However,
the dearth of authority does not led inexorably to the conclusion that the
integration mandate is inapplicable to plaintiffs’ claims. To the contrary, the
broad language and remedial purposes of the ADA, the corresponding lack of any
limiting language in either the ADA or the integration mandate itself, and the
lack of any case law restricting the reach of the integration mandate suggests
just the opposition conclusion.” (Opinion at 10-11).

In reaching this conclusion, the Court carefully scrutinized the defendants’ arguments for dismissal, and gave deference to the U.S. Department of Justice’s interpretation
of the integration mandate which prohibits the unnecessary provision of services
in non-integrated settings, including segregated sheltered workshops. (Opinion
at 7-9).

The Court distinguished claims for a “discriminatory denial of services” versus
claims for “providing inadequate services,” holding that “a claim survives only
if it truly alleges a ‘discriminatory denial of services’ and must be dismissed
if it instead concerns the ‘adequacy’ of the services provided.” (Opinion at
13-16).

Noting that the plaintiffs clarified at oral argument that they are
seeking the “provision of employment services that would allow them the
opportunity to work in an integrated setting,” and seek to have defendants
“reallocate their available resources in a way that does not unjustifiably favor
segregated employment,” the court determined that some of the allegations in the
complaint “go beyond the clarification offered” at the hearing” and identified
specific claims subject to amendment. (Opinion at 14-15).

Plaintiffs have been
given leave to amend their complaint by May 29, “to clarify that the defendants
are violating Title II of the ADA and the Rehabilitation Act by denying
employment services to plaintiffs for which they are eligible with the result of
unnecessarily segregating them in sheltered workshops.” (Opinion at 16).

If I Have a Disability, Can I Become a Practical or a Registered Nurse?

  • If I Have a Disability, can I Become a Practical or a Registered Nurse?


See our website on Advocacy Strategies for School. For information about the 2008 amendments to the ADA that broadens coverage for many individuals, see http://www.eeoc.gov/laws/statutes/adaaa_info.cfm. Contact the ADA Center for information on the ADA. Also, the Open the Door, Get ‘Em a Locker film detailing one nursing student’s admission, successful journey, and graduation from a baccalaureate nursing program might be of interest to you. You absolutely can be a nurse, if you are academically qualified. Most of NOND’s Board members are nurses and many of them have disabilities – we did it, so can you!

Where can I find information about financial resources for a nursing student or a nurse with a disability? Please explore our site for resources in regard to education, advocacy, and employment. For information about how to get a job or get assistance with funding for school, contact your State Vocational Rehabilitation Program.



Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.

I Think I’ve Experienced Discrimination: Where Can I File?

I Think I’ve Experienced Discrimination: Where Can I File?

If the school is private, a complaint can be filed with the U.S. Department of Justice (DOJ), Disability Rights Section.
 
If the school is a state institution, a complaint can be filed with the U.S. Department of Education’s Office of Civil Rights (OCR), as state-run higher ed institutions are covered under the Section 504 by the U.S. Department of Education.



Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.

Are Private Schools Subject to the ADA?

Are private schools subject to the ADA?
by Bronwynne Evans
Yes, Title III of the ADA prohibits discrimination in public accommodations. Private schools must eliminate unnecessary eligibility standards that deny access to individuals with disabilities, and make reasonable modifications in policies, practices, and procedures that deny access unless a fundamental alteration in the nature of the program would result. They also must furnish auxiliary aids such as interpreters, notetakers, or readers when necessary to ensure effective communication, unless an undue burden or fundamental alteration would result.

Be aware that Title III does not cover religious institutions; thus, private schools which are directly operated by religious institutions are not covered by the ADA. Minnesota’s Human Rights Act, however as an example, closely follows the provisions of the ADA and does not exempt religious institutions from coverage. For more information on the ADA and schools visit the ADA Q & A Back to School. (http://www.pacer.org/publications/adaqa/school.asp).

If the private school is receiving Federal funding and/or Federal Grants the private school must follow the ADA and, discrimination cases associated with Section 504 may be reviewed if complaints are filed potentially by either Department of Justice or the Department of Education, Office of Civil Rights.

For details about what constitutes a public accommodation, go to
ADA Questions and Answers. For answers to additional questions, call the ADA Information Line: 800-514-0301 (voice) or 800-514-0383 (TTY)



Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.