Who We Are What We Do Resources

 

The mission of Disability Rights IOWA (DRI) is to defend and promote the human and legal rights of Iowans who have disabilities and mental illnesses. DRI is a private, non-profit organization, independent of state government, allowing DRI to focus on the disability rights of Iowans with disabilities.

 

DRI provides legal and advocacy services to Iowans with disabilities. Although the needs of Iowans with disabilities can be unlimited, DRI funds are very limited and therefore we have to set guidelines to help decide whether we can provide advocacy or representation.   The main factors examined for each intake are:

 

·   The individual must be a qualifying person with a disability and he/she must have a  disability rights issue (i.e. your problem or issue must arise from your disability);

·   DRI must have funding and staff available to properly advocate for the individual’s issues;

·   The individual’s advocacy or legal representation needs must fall within our Priorities. A summary of DRI priorities are set out below.

 

Regardless of the individual’s disability or their initial eligibility, DRI will not accept cases, but will only provide information and referral services, when the following issues are presented:

 

·   Divorce, child custody, and adoption;

·   Bankruptcy;

·   Estate planning (wills and trusts);

·   Criminal representation;

·   Civil mental health commitment including appeals;

·   Child in Need of Care cases;

·   Tax law, corporate or business law, consumer law, debtor-creditor law;

·   Personal injury (other than injuries arising from abuse and neglect);

·   Malpractice;

·   Social security eligibility or appeals;

·   Worker’s compensation cases;

·   Civil litigation that does not relate to the legal or civil rights of an individual with a disability;

·   Initiation of guardianship or conservatorship of a person; and

·   Cases involving inmates at state or federal correctional facilities (other than injuries arising from abuse and neglect or restraint/seclusion issues).

 

 

 

DRI receives funding from the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration, U.S. Department of Health and Human Services, for providing protection and advocacy services to individuals with a significant mental illness or emotional impairment under the Protection of Individuals with Mental Illness (PAIMI) Act. The eligibility for this program was expanded several years ago to include anyone with a serious mental impairment without regard to residential setting. However, pursuant to Congressional mandate, DRI gives priority to serving individuals at risk for abuse due to seclusion, restraint, and any related serious injuries or fatalities, neglect, or civil rights violations, while residing in public and private care and treatment facilities.

DRI receives funding from the Rehabilitation Services Administration of the U.S. Department of Education under the Protection and Advocacy of Individual Rights (PAIR) Act to provide protection and advocacy services to all individuals with disabilities, as defined by the Americans with Disabilities Act, except for those eligible for PADD or PAIMI.

 

DRI receives funding from the Social Security Administration to provide advocacy and other services to assist beneficiaries of Social Security secure or regain gainful employment. 

 

DRI receives funding from Health Resources and Services Administration within HHS to provide protection and advocacy services to individuals with traumatic brain injury.

 

DRI receives funding as part of the Help America Vote Act of 2002 (HAVA). Under this program P&As have a mandate to help ensure that individuals with disabilities participate in the electoral process through voter education, training of poll officials, registration drives, and polling place accessibility surveys.

 

 

 

DRI seeks to assist individuals with disabilities who have legal issues related to their disabilities. DRI also seeks to remedy systemic problems, and it is anticipated that as DRI increases its efforts in effecting systemic remedies, the amounts and levels of resource commitment necessary to achieve systemic change will likely require a decrease in DRI’s provision of legal representation in individual cases. 

The following goals and objectives are used in conjunction with client eligibility requirements to determine the acceptance of cases for legal representation and non-legal advocacy:

 

Goal: Students with disabilities have the right to enforce and protect their rights for special education and related services under the Individuals with Disabilities Education Act (IDEA) and Rehabilitation Act Section 504 programs. 

 

Priority 1: DRI will pursue administrative or legal remedies for students with disabilities who have been inappropriately or discriminatorily disciplined, suspended or expelled from school as a result of behaviors related to mental illness, developmental disabilities, or other disabilities.

 

 

Priority 2: DRI will continue to advocate for systemic change in Iowa schools’ special education programs.

 

 

Goal:  Individuals with disabilities shall be free from abuse and neglect.  

 

Priority 1: DRI will ensure that reports of abuse/neglect incidents in institutions and/or facilities are investigated.

 

 

Priority 2: DRI will maintain a monitoring presence in public and private facilities in Iowa in which there are individuals with disabilities and/or mental illness. 

 

 

 

 

Goal: To conduct training and outreach activities that promote awareness and education about individual rights and remedies for Iowans with disabilities.

Priority 1: Provide disability rights trainings and participate in statewide outreach activities for individuals with disabilities and their families, as well as professionals and service providers, on disability awareness and rights issues.

 

 

Priority 2: DRI will publish and disseminate information on disability related issues and rights of Iowans with disabilities.

 

 

Goal: To promote and utilize state and federal laws on behalf of Iowans with disabilities who are discriminated against in employment. (PADD, PAIMI, PAIR, PATBI)

 

Priority 1: DRI will advocate and/or provide legal representation for individuals who encounter barriers in gaining, maintaining, or termination of employment or failure to provide reasonable accommodations due to their disability.

 

 

 

Goal: DRI will advocate to remove barriers that prevent access to state/local government services and places of public accommodation.  (PADD, PAIMI, PAIR, PATBI)

 

Priority 1: DRI will advocate and/or provide legal representation for individuals denied access or services under Titles II and III of the ADA or the Iowa Civil Rights Act.

 

 

 

Goal: To advocate for and represent individuals with disabilities to prevent unnecessary or abusive guardianships/conservatorships and promote the individual’s right to less restrictive alternatives to guardianships/conservatorships. (PADD, PAIMI, PAIR, PATBI)

 

Priority 1: DRI will advocate and/or provide legal representation to prevent, modify, and/or terminate inappropriate guardianships/conservatorships.

 

Priority 2: DRI will provide advocacy and protect the rights of individuals with disabilities to pursue alternatives to guardianships/conservatorships and address concerns regarding decisions made by a substitute decision maker.

 

Goal: Beneficiaries of Social Security Disability Insurance and/or Supplemental Security Income will have their rights protected as employees and/or as consumers of return to work agencies.

 

Priority 1: Provide information and referral to beneficiaries about work incentives and employment services and assistance available to help beneficiaries return to gainful employment.

 

Priority 2: Provide education and training to Social Security beneficiaries, their families and community providers about rights under the American’s With Disabilities Act (ADA), Social Security work incentives information, and the Ticket to Work Act.

Priority 3:   Provide advocacy and representation to Social Security beneficiaries to protect the employment rights of beneficiaries in order to secure, maintain or regain employment.

 

Priority 4: Provide assistance to Social Security beneficiaries to maintain rights in seeking vocational rehabilitation services, employment services, and other support services from employment networks and other service providers.

 

Priority 5: Assist Social Security beneficiaries with disabilities in disputes before SSA involving work-related and benefits overpayments that are a barrier to obtaining employment.

Goal: Increase the knowledge of individuals living with disabilities in understanding their rights and responsibilities as voters in Iowa.

 

Priority 1: DRI will provide information on any new laws that will affect the rights of voters in Iowa regarding voter registration, all forms of casting a ballot in Iowa, poll site access, and use of voting machines.

 

 

Priority 2: DRI will provide training on voter rights at public and private facilities.

 

Priority 3: DRI will target the Latino population for voter outreach including those living with disabilities.