Welcome to Disability Rights Montana′s (DRM) special education resource page. Click here to visit the Special Education section of our website to help parents, advocates, and educators learn about the legal requirements and resources available for students with disabilities and to help ensure the rights of students with disabilities are protected to the maximum extent of the law. Click here to see our priorities, or here to request our services. Publications DRM Special Education Pamphlet DRM Education Unit Intake Form - PDF DRM Education Unit Intake Form - Word Student Rights Handbook The Education Unit Intake form should be completed by a person seeking assistance from DRM′s education unit. You can fill this out in advance before calling or with the assistance of one of our intake specialists when you call. Links to other Services Montana Department of Public Health and Human Services Early Childhood Services Bureau Montana Office of Public Instruction (OPI) OPI’s special education site Recommended Readings Randy Chapman, The Everyday Guide to Special Education Law (Disability Law Colorado 3rd ed. 2015) Melissa L. Farall, et al., All About Tests and Assessments (Harbor House Law Press 2014) Pam Wright & Pete Wright, From Emotions to Advocacy (Harbor House Law Press 2d ed., 2014) This book is a must have for any parent or parent advocate. Peter W.D. Wright & Pamela Darr Wright, Special Education Law (Harbor House Law Press 2d ed., 2014) Links to other Resources Request for Part C Early Intervention Evaluation : This form is used to request an evaluation of a child, age 0-3 for early intervention services. It is directed to the local Early Head Start program, not the local school district. [Word Document] Request for Initial Evaluation: This form is used to request an initial evaluation for a child age 3 and up. It is directed to the local Early to the local school district. It could also be used to request a re-evaluation if you modify the form to be clear that you are seeking a re-evaluation and why. [Word Document] Request for Re-evaluation : This form is used to request a re-evaluation of a child aged 3 and up from the school district. [Word Document] Records Request : This form is used to request all of your child’s educational records from a school district. The requester should give the school district a reasonable amount of time to comply with the request, generally at least a week or two, unless the records are needed sooner for an upcoming meeting regarding the student. [Word Document] Request for independent educational evaluation (IEE) : This form is used to request an IEE. [Word Document] Request for an IEP Team Meeting : This form is used to request an IEP team meeting to address a concern after a child is already receiving special education services. [Word Document] Follow-up Letter to IEP Meeting : This is a general format letter to follow-up on any concerns an IEP team member may have after an IEP meeting. It is important to document any concerns promptly, completely, and in writing after an IEP meeting. For example, you might send this letter to indicate that items discussed at the IEP meeting were not included in the meeting notes and to ask that they be included in the meeting notes before the IEP is finalized. It is a good idea to send a similar letter outlining concerns that should be discussed before an IEP meeting and proposing an agenda for the meeting. [Word Document] Request for General Reasonable Accommodation for Student : This form may be used to request a general reasonable accommodation from the District. This form may be modified to request various types of accommodations. Please be sure to change it to reflect your personal information and what the student needs. [Word Document] Request for Reasonable Accommodation for Out-of-School Student : This form may be used to request a reasonable accommodation to a District′s attendance policy. This often comes up when a student cannot attend because of his disability, but the District is reporting him as truant and the county attorney is threatening prosecution for truancy. There is one form for a student on an IEP and another form for a student on a 504 plan. This form could be modified to request other types of accommodations as well. [Word Document-504] Request for Graduation Requirements: This form is used to request information about a District′s graduation requirements. [Word Document] Request for School Board Policies: This form is used to request information about a District′s policies and procedures and may be limited to policies and procedures about a certain topic (e.g., student discipline). [Word Document] Notice Regarding Disability-based Bullying or Harassment: This sample letter is used to notify the school that a student is being bullied because of his/her disability, and to request that the school investigate and intervene to stop the bullying or harassment from occurring. [Word Document] American Speech-Language-Hearing Association (ASHA): Making effective communication, a human right, accessible and achievable for all. Autism Speaks : Dedicated to promoting solutions, across the spectrum and throughout the life span, for the needs of individuals with autism and their families through advocacy and support. The Epilepsy Foundation: The mission of the Epilepsy Foundation is to lead the fight to overcome the challenges of living with epilepsy and to accelerate therapies to stop seizures, find cures, and save lives. Florida Center for Reading Research at Florida State University : A multidisciplinary research center at Florida State University. Food Allergy Research and Education (FARE) : The leading national organization working on behalf of the 15 million Americans with food allergy, including all those at risk for life-threatening anaphylaxis. International Dyslexia Association: The oldest organization dedicated to the study and treatment of dyslexia. National Center for Learning Disabilities : The mission of NCLD is to improve the lives of the 1 in 5 children and adults nationwide with learning and attention issues—by empowering parents and young adults, transforming schools and advocating for equal rights and opportunities. The National Center for Learning Disabilities, RTI Action Network : The goal is to guide educators and families in the large-scale implementation of RTI so that each child has access to quality instruction and that struggling students are identified early and receive the necessary supports to be successful. Positive Behavioral Interventions and Supports (OSEP) website : The purpose of the new Center is to define, develop, implement, and evaluate a multi-tiered approach to TA that improves the capacity of SEAs, LEAs, and schools to establish, scale-up, and sustain the PBIS framework. Council for Exceptional Children (CEC) : A professional association of educators dedicated to advancing the success of children with exceptionalities. Council of Parent Attorneys and Advocates, the leading organization for parent attorneys and advocates in the U.S. : COPAA’s mission is to protect and enforce the legal and civil rights of students with disabilities and their families. National Association of Gifted Children : NAGC's mission is to support those who enhance the growth and development of gifted and talented children through education, advocacy, community building, and research. National Center on Intensive Intervention (American Institutes for Research), presents tools and resources on educational interventions and progress monitoring The National Center on Disability and Access to Education focuses on web-based accessible educational content The National Center on Dispute Resolution in Special Education (funded by OSEP) : CADRE's major emphasis is on encouraging the use of mediation, facilitation, and other collaborative processes as strategies for resolving disagreements between parents and schools about children’s educational programs and support services. National Education Association (NEA) : The nation's largest professional employee organization, is committed to advancing the cause of public education. Parent training and information centers (PTIC) U.S. Department of Education (ED): filled with all types of information about education. IDEA : ED maintains a dedicated website to the law of IDEA ED’s Office of Special Education and Rehabilitative Services : administers IDEA OSEP and OSERS guidance ED Office of Civil Rights (OCR) guidance What Works Clearinghouse (ED) : compiles scientific research on effectiveness of educational interventions Yellow Pages for Kids : compiles service providers and resources for children with disabilities in each state Bazelon Center for Mental Health Law: national policy and advocacy group Disability.Gov : comprehensive site linking to a huge variety of agencies and information about disability National Disability Rights Network : National network of protection and advocacy organizations (P&As). U.S. Department of Justice, Civil Rights Division The Education section of the DRM website was supported in part by a generous grant from the Montana Justice Foundation. Disclaimer This site provides general information only and is not intended to provide exhaustive manual to education law. Education law is complicated and comes from a combination of federal and state law and regulations, court interpretations of law and regulation, and administrative agency guidance. The law is complex and changes all the time, therefore there is no guarantee that information on this site is accurate, complete or applicable in your specific situation. The facts of each case are unique and how the law applies in any situation depends on the particular facts of the case. For legal advice about specific facts you should consult with an attorney licensed to practice law in your area. Nothing on this site should be relied on as legal advice, as a substitute for consultation with an attorney or the exercise of sound, independent judgment by the user. If you have any questions about anything on this site, you should consult an attorney. Use of the site does not create or imply an attorney-client relationship or consent to provide any legal or advocacy services by Disability Rights Montana. Disability Rights Montana shall have neither liability nor responsibility to any person or entity regarding any loss or damage caused or alleged to be caused, directly or indirectly, by the information contained on this site. If you do not wish to be bound by the disclaimer, please exit this site now.

The following are examples of various types of cases that generally do not meet the criteria or fall within the priorities and, thus, will not be accepted for litigation or administrative action by Disability Rights Montana staff but you can call/email us to use our information and referral services: Divorce, custody, support, and other family law matters, except in unusual circumstances, or when serious systemic issues are involved Drafting of wills, trusts, and estate planning Representation in criminal proceedings Malpractice cases Workers' Compensation; issues related to collective bargaining agreements; unemployment compensation Product liability cases Bankruptcy matters Personal injury cases, including intentional torts Consumer protection issues Tax issues Click here to see our priorities , or here to request our services Link to other services: Montana State Bar Association: Lawyer Referral Service Montana Law Help - provides information to help you solve your civil legal problem. Montana Legal Services Association : Montana Legal Services Association (MLSA) is a law firm that empowers low-income people by providing legal information, advice, and other services free of charge. MLSA works both on individual cases and under a systemic approach to help low-income people escape domestic violence, keep their housing, preserve their public benefits, protect their finances, and more.

Frequently Asked Questions

What is the Protection and Advocacy Network or P&A? The Developmental Disabilities Assistance and Bill of Rights Act of 1975 mandated a system to protect and advocate for the rights of persons with developmental disabilities. This system is the Protection & Advocacy (P&A) network. Under this act, the P&A agency has the authority to pursue legal, administrative, and other appropriate remedies to ensure the protection of the rights of persons who have a developmental disability. Subsequent federal legislation created additional grant programs that expanded the agency’s services to include persons with all kinds of disabilities. In Montana, Disability Rights Montana is the designated P&A. Click here to learn more about the P&A history. Can Disability Rights Montana help with my divorce, custody, writing a will, etc? Disability Rights Montana receives a percentage of federal grants in order to carry our primary functions. There are other services that may provide assistance, click here to check out our resources page. Disability Rights Montana does not provide assistance in such matters as: Divorce, custody, support, or other family law matters, except in unusual circumstances or when serious systemic issues are involved. Drafting of wills, trusts, and estate planning. Representation in criminal proceedings. Malpractice cases. Workers’ compensation; issues related to collective bargaining agreements; unemployment compensation. Product liability cases. Bankruptcy matters. Personal injury cases, including intentional torts. Consumer protection issues. Tax issues. Pension, ERISA issues. Property disputes What are disabilities? The ADA defines a person with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activity. However, the word "disability" can mean different things to different people. Learn more in this video by Rooted in Rights. Does DRM help people apply for Social Security Administration (SSA) benefits (SSI or SSDI) or appeal benefits denials? No. DRM does not help people apply for Social Security Administration benefits (SSI or SSDI) or appeal benefits denials. If you are interested in applying for benefits, you can apply online, in person, or over the phone 800-772-1213 (TTY 800-325-0778). For more information, to apply online, and to find your local SSA office, you may visit the SSA website. After submitting your application, if you are denied SSA benefits, you have the option to appeal. You can obtain an attorney to assist you with an appeal. Generally, an attorney will take his/her fee as a percentage of any back-payment you are awarded and, if this is the case, you should not have to pay anything out of pocket. The National Organization of Social Security Claimant Representatives is an association of over 4,000 attorneys who represent Social Security and Supplemental Security Income Claimants. You may reach them on the web at www.nosscr.org or by phone at 1-800-431-2804. This information is being provided for your convenience and is not an endorsement of any particular attorney. Where can I get free legal help with issues that are not related to my disability? There are several places you can reach out to for free legal information including: Montana Legal Services Association (MLSA) – A web resource to help you find legal and social service resources in Tennessee. By phone, dial 1-800-666-6899 (Monday-Friday 9 a.m.-1 p.m.) to ask a non-criminal question to a licensed Montana attorney. Or fill out an online application. Ask Karla – A private messaging service where volunteer attorneys answer civil legal questions for persons with low income. MontanaLawHelp.org – A project of the Montana Legal Services Association providing legal information and resources for all Montanans. You might be able to find a pro bono attorney to assist you through one of the following resources: Legal Clinics – Ask MLSA if there is an upcoming clinic near you Legal Aid Offices: Search for your area's legal aid office and other regional services Modest Means Reduced Fee Program - Connect with attorneys who may be wiling to provide assistance for a lower cost. Client’s Bill of Rights: Your relationship with your lawyer is governed both by the agreement you make with the lawyer and by the laws and rules that govern the lawyer's conduct. Self-Representation: Montana Court Help Program: A free service provided by the Montana Supreme Court to assist people with civil, non-criminal legal problems. Our goal is to give you the information you need to understand your legal rights and responsibilities and to help you resolve your legal problems on your own if you cannot afford an attorney or if you choose not to hire one. Self-Help Law Forms Montana Citizen’s Guide to the courts: This guide for the Montana public explains how the courts and legal system work in our state. How can I find out more about Community Resources? Try calling 2-1-1 for Montana's 2-1-1 service . Montana 2-1-1 is here to help connect Montanans with the community resources and assistance they need. A list of resources are provided on their website, or by calling 2-1-1 if you are away from a computer or don’t have access to the Internet. 2-1-1 provides callers with access to the following types of human services for everyday needs and times crisis. E.g. Food banks, clothing closets, shelters, rent assistance, mental health resources, employment supports, home health care, child care, and more.

Disability Rights Montana envisions a society where people with disabilities have equality of opportunity and are able to participate fully in community life by exercising choice and self-determination. Click here to see our mission and philosophies, or click here to request our services. Links to other Services Low Income Housing Resources: US Department of Housing and Urban Development; HUD's mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. Montana Housing : The Housing Division creates affordable housing opportunities for Montanans whose needs are not met by the market. We use several federal funding sources to accomplish this. Community Partners : Many of these organizations are partners with the Montana Board of Housing and the Section 8 Programs and offer services and resources to those who benefit from the availability of affordable housing in Montana. USDA Rural Development : USDA's Rural Housing Service offers programs to build or improve housing and essential community facilities in rural areas. They offer loans, grants and loan guarantees for single- and multi-family housing, child care centers, fire and police stations, hospitals, libraries, nursing homes, schools, first responder vehicles and equipment, housing for farm laborers and much more. They also provide technical assistance loans and grants in partnership with non-profit organizations, Indian tribes, state and federal government agencies, and local communities. Rocky Mountain Development Council, Inc : Rocky Mountain Development Council offers a monthly Homebuyer Education class . The purpose of the class is to teach potential homeowners about the process of purchasing a home; Rocky Mountain Development Council Inc. operates six apartment complexes in Helena. These include Eagle Manor Residences, Ptarmigan Residences, Pheasant Glen Residences, and River Rock Residences. RMDC's Low Income Energy Assistance Program (LIEAP) is designed to assist low income households meet the expenses of keeping warm during the cold months. Know your Rights Montana Tenants’ Rights & Duties Handbook : The Montana Legal Services Association developed this handbook to help residential tenants understand and exercise their rights and responsibilities under the Montana Residential Landlord and Tenant Act. This handbook is intended to provide general guidance only. It is not a substitute for the advice of an attorney. Montana Fair Housing : A full service, private, non-profit organization dedicated to the reduction and eradication of housing discrimination in our state. Montana Legal Services Association : Montana Legal Services Association (MLSA) is a law firm that empowers low-income people by providing legal information, advice, and other services free of charge. MLSA works both on individual cases and under a systemic approach to help low-income people escape domestic violence, keep their housing, preserve their public benefits, protect their finances, and more. Emotional Support and Service Animals The Fair Housing Act (FHA) protects a person with a disability from discrimination in obtaining housing. Under this law, a landlord or homeowner’s association must provide reasonable accommodation to people with disabilities so that they have an equal opportunity to enjoy and use a dwelling. Emotional support animals that do not qualify as service animals under the ADA may nevertheless qualify as reasonable accommodations under the FHA. Service animals that assist persons with disabilities are considered to be auxiliary aids and are exempt from the pet policy and from the refundable pet deposit in federally funded housing. In cases when a person with a disability uses a service animal or an emotional support animal, a reasonable accommodation may include waiving a no-pet rule or a pet deposit. It would contravene the purpose of the statutory protections afforded people with disabilities to allow a landlord to charge a deposit at the outset, in the absence of any significant damage. In Montana, a person with a disability who has a service animal or who obtains a service animal is entitled to full and equal access to all housing accommodations. The person with a disability may not be required to pay extra compensation for the service animal but is liable for any damage done to the premises by the service animal. Emotional Support animals – Service Animals - What is the difference? What is an Emotional Support Animal? (also known as: Comfort - Companion) (NOT ALLOWED IN MOTELS) An Emotional Support Animal is a pet that provides disability-relieving emotional support to an individual, but is not necessarily trained to do so. Unlike with service dogs, service dog laws do not allow emotional support animals (ESAs) to go out in public to places dogs are normally prohibited. ESA owners do have certain legal rights in housing situations and when flying (see further FAQ questions below), though ESAs are supposed to be public access trained for flight access (reference below). Emotional support animals can be important residential companions for people with disabilities ESAs can mitigate. Some may even have the temperament to undergo the training needed to work as a psychiatric service dog. What is a Therapy Dog? (NOT ALLOWED IN MOTELS) A Therapy Dog is a dog trained to provide affection and comfort to people in hospitals, retirement homes, nursing homes, schools, people with learning difficulties, and in stressful situations, such as disaster areas. Unlike a service dog, a therapy dog is a pet trained to interact with many people other than its handler to make those people feel better. Therapy dogs are also trained to behave safely around all sorts of people, and are often certified. A therapy dog handler is not given public access rights by any service dog laws to take the dog out everywhere like service dog users, because the handler does not have a disability the dog is individually trained to mitigate. Therapy dogs are only allowed into places like hospitals, skilled nursing facilities, and libraries by prior agreement (again, not by service dog laws). Service dogs are generally trained to ignore other people—the opposite of therapy dogs. What is a Service Animal? (Also Known as: Psychiatric) (ALLOWED IN MOTELS) Service Animals are animals that are individually trained to perform tasks for people with disabilities – such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. Service animals are working animals, not pets. With Service Dogs and dogs in training (allowed in Montana), the dog is expected to be safe in a public, and the person is liable for any damages caused by the dog. A service dog can be any breed and the person may have an invisible disability. What is a Skilled Companion Dog? (NOT ALLOWED IN MOTELS) Companion Dogs are calm tempered, loving, and highly trained companions that provide therapeutic, physiological and psychological support to children and adults with special needs, under the direction of a facilitator. A facilitator is generally a parent or partner who is solely responsible for handling the Skilled Companion Dog and the provision of all care and ongoing training needs. Service Animal Defined by Title II and Title III of the ADA A service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Tasks performed can include, among other things, pulling a wheelchair, retrieving dropped items, alerting a person to a sound, reminding a person to take medication, or pressing an elevator button. In Montana, a service animal is a dog or other animal individually trained to provide assistance to an individual with a disability. Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. The work or tasks performed by a service animal must be directly related to the individual’s disability. A doctor’s letter does not turn an animal into a service animal. Emotional support animals are not service animals. Under Title II and III of the ADA, service animals are limited to dogs. However, entities must make reasonable modifications in policies to allow individuals with disabilities to use miniature horses if they have been individually trained to do work or perform tasks for individuals with disabilities. Handler’s Responsibilities The ADA requires the animal to be under the control of the handler. The handler is responsible for the care and supervision of his or her service animal. If a service animal behaves in an unacceptable way and the person with a disability does not control the animal, a business or other entity does not have to allow the animal onto its premises. Uncontrolled barking, jumping on other people, or running away from the handler are examples of unacceptable behavior for a service animal. A business has the right to deny access to a dog that disrupts their business. Businesses, public programs, and transportation providers may exclude a service animal when the animal’s behavior poses a direct threat to the health or safety of others. The animal must be housebroken. Handler’s Rights Public Facilities and Accommodations Titles II and III of the ADA makes it clear that service animals are allowed in public facilities and accommodations. A service animal must be allowed to accompany the handler to any place in the building or facility where members of the public, program participants, customers, or clients are allowed. Even if the business or public program has a “no pets” policy, it may not deny entry to a person with a service animal. When a person with a service animal enters a public facility or place of public accommodation, the person cannot be asked about the nature or extent of his disability. Only two questions may be asked: Is the animal required because of a disability? What work or task has the animal been trained to perform? A public accommodation or facility is not allowed to ask for documentation or proof that the animal has been certified, trained, or licensed as a service animal. Local laws that prohibit specific breeds of dogs do not apply to service animals. A place of public accommodation or public entity may not ask an individual with a disability to pay a surcharge. Employment Laws prohibit employment discrimination because of a disability. Employers are required to provide reasonable accommodation. Allowing an individual with a disability to have a service animal or an emotional support animal accompany them to work may be considered an accommodation. In the case of a service animal or an emotional support animal, if the disability is not obvious and/or the reason the animal is needed is not clear, an employer may request documentation to establish the existence of a disability and how the animal helps the individual perform his or her job. Both service and emotional support animals may be excluded from the workplace if they pose either an undue hardship or a direct threat in the workplace. Education Service animals in public schools (K-12)13 – The ADA permits a student with a disability who uses a service animal to have the animal at school. In addition, the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act allow a student to use an animal that does not meet the ADA definition of a service animal if that student’s Individual Education Plan (IEP) or Section 504 team decides the animal is necessary for the student to receive a free and appropriate education. Where the ADA applies, however, schools should be mindful that the use of a service animal is a right that is not dependent upon the decision of an IEP or Section 504 team. Service animals in postsecondary education settings – Under the ADA, colleges and universities must allow people with disabilities to bring their service animals into all areas of the facility that are open to the public or to students. Higher education institutions may not require any documentation about the training or certification of a service animal. Transportation A person traveling with a service animal cannot be denied access to transportation, even if there is a “no pets” policy. In addition, the person with a service animal cannot be forced to sit in a particular spot; no additional fees can be charged because the person uses a service animal; and the customer does not have to provide advance notice that s/he will be traveling with a service animal. The laws apply to both public and private transportation providers and include subways, fixed-route buses, Paratransit, rail, light-rail, taxicabs, shuttles and limousine services. Air Travel The Air Carrier Access Act (ACAA) requires airlines to allow service animals and emotional support animals to accompany their handlers in the cabin of the aircraft. Service animals – For evidence that an animal is a service animal, air carriers may ask to see identification cards, written documentation, presence of harnesses or tags, or ask for verbal assurances from the individual with a disability using the animal. If airline personnel are uncertain that an animal is a service animal, they may ask one of the following: What tasks or functions does your animal perform for you? What has your animal been trained to do for you? Would you describe how the animal performs this task for you? 15 Emotional support and psychiatric service animals – Individuals who travel with emotional support animals or psychiatric service animals may need to provide specific documentation to establish that they have a disability and the reason the animal must travel with them. Miscellaneous Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. If a person is at risk of a significant allergic reaction to an animal, it is the responsibility of the business or government entity to find a way to accommodate both the individual using the service animal and the individual with the allergy. Title II and III of the ADA does not cover “service animals in training” but several states have laws when they should be allowed access. Montana requires that a service animal in training shall wear a leash, collar, cape, harness, or backpack that identifies in writing that the dog is a service animal in training. Other service animals in training must also be identifiable by written identification as a service animal in training. The written identification for service animals in training must be visible and legible from a distance of at least 20 feet. BedBugs Bed Bugs - A Guide for Renters Authored By: Montana Legal Services Association Bed Bugs: Get Them Out and Keep Them Out Request a Reasonable Accommodation/ Modification Your Right to Accommodation In human rights terms, accommodation is the word used to describe the duties of an employer, service provider or landlord to give equal access to people who are protected by the ADA. To be protected, you must be a qualified individual with a disability. This means that you must have a disability as defined by the ADA. Under the ADA, you have a disability if you have a physical or mental impairment that substantially limits a major life activity such as hearing, seeing, speaking, thinking, walking, breathing, or performing manual tasks. The duty to accommodate recognizes that people have different needs and require different solutions to gain equal access to services, housing and employment. To accommodate someone means to remove the barriers which prevent people from gaining access to jobs, housing, and the use of goods, services and facilities (e.g. public transit or schools). If you are a person who has ADA-protected rights, this means that an employer, service provider or landlord has a positive duty to change the way they provide workspace, services, or housing (e.g. by making physical changes or by changing their practices or policies) to make it easier or possible for you to participate in the workplace, participate in the service or facility or access housing. What needs can be accommodated? The duty to accommodate can arise in different situations as a result of a person’s disability, age, religion, marital status, immigration status, ethnic or racial identity or family obligations or other factors listed in the ADA. Most commonly, the duty to accommodate arises in the employment context where an employee suffers a disability such as an injury, illness or addiction that prevents him or her from continuing to do his job in the same manner as before. Even though the employee is no longer able to perform in the same way, the employer may not fire him or her without first providing reasonable opportunities for rehabilitation or alternative work. Is accommodation the same for everyone? No. Accommodation will be different for each person, even if they have the same disability. For example, two employees might have Multiple Sclerosis (MS). The employer can’t say, “Oh, when Mary got MS all she needed was an extra 15 minute break every day, so John’s going to get the same thing.” The nature of the accommodation required will vary according to your unique needs and these needs must be considered, assessed, and accommodated individually. What are some examples of the duty to accommodate? The kind of accommodation that is required will depend on the circumstances of the particular situation. Some examples of accommodation could include: Building a wheelchair access ramp Flexibility in work hours or break times Providing sign language interpreters for persons who are deaf so they can participate in meetings Job restructuring, retraining or assignment to an alternative position Allowing an employee to wear a hijab even though the employer wants all employees to wear the same corporate attire Allowing a pregnant employee to attend doctor appointments Allowing an employee to not work on certain holidays How do I get the accommodation I need? There are a number of steps you should take in order to make sure that your need for accommodation is dealt with properly. Ask for the accommodation Explain why you need it (try to do this in writing) Provide information that is directly relevant to your needs, restrictions or limitations (this can include medical information, but only the information that is directly related to your request for accommodation) Participate in discussions about possible accommodation solutions Co-operate with any experts whose assistance is required Try different forms of accommodation even if it is not the perfect accommodation If you are an employee in a union, it would be a good idea to contact your union representative. Your union will often have good advice about your employer's procedures for getting accommodation. What should the employer, landlord or service provider do after I make my request for accommodation? Once you make your request for accommodation, the employer, service provider or landlord should: Accept the accommodation request in good faith, unless there are legitimate reasons for acting otherwise Understand someone might not use the word “accommodation” when they are looking to be served in a way that meets their needs Obtain expert opinion or advice where needed Take an active role in exploring a range of options Keep a record of the accommodation request and action taken Maintain confidentiality Limit their requests for information (e.g. medical reports) to those directly related to your needs, limitations or restrictions Grant accommodation requests in a timely manner Pay for the cost of the required medical information or documentation If the accommodation would cause “undue hardship” (see definition below) such as extreme financial costs, explain this clearly and be prepared to demonstrate why they cannot provide the accommodation How far does the duty to accommodate go? The duty to accommodate is not unlimited. The limit to the duty to accommodate is called "undue hardship." An employer, landlord or service provider is not required to accommodate a person’s needs beyond the point at which the accommodation would cause “undue hardship” to the business or operation.

Inmates with Disabilities

Disability Rights Montana receives on going correspondence from prisoners across the state who experience mental illness while incarcerated. We recognizes the magnitude of problems that occur with within our State wide penal system. However, when DRM is unable to assist directly due to limited funding and resources, we can provide for you the following resources with the hopes that your concerns will be addressed properly and in a timely manner. Call us at 1-800-245-4743 or send a letter to 1022 Chestnut St. Helena, Montana 59601. Click here to see our priorities , or here to request our services . Links to other Services Mental Health Ombudsman : The Ombudsman represents the interests of Montanans seeking access to public mental health services Toll Free Telephone: 888-444-9669 Citizen’s Advocate : The Montana Citizens' Advocate is directly charged by the Governor with assisting Montanans in their interactions with state executive branch agencies. Folks often need a little help navigating the rules, requirements, statutes or roles of state government. The Citizens' Advocate, true to its name, advocates on behalf of Montanans and offers direction and assistance within state government. Phone: (406) 444-3468 Montana Mental Disabilities Board of Visitors Mental Health - 406-444-5278 Intellectual Disabilities - 406-444-3955 Toll Free: 800-332-2272 FAX: 406-444-3543 NAMI Montana : NAMI Montana supports, educates, and advocates for Montanans with severe mental illnesses and their families. NAMI Montana has has over 400 members and growing ( join now ). Our affiliates are located in Billings, Bozeman, Great Falls, Havre, Helena, Kalispell, Livingston, Lewistown, and Missoula. Phone: (406) 443-7871. Contact the OIG Hotline Concerning Violation of Civil Rights or Civil Liberties by a DOJ Employee Mailing Address: U.S. Department of Justice Office of the Inspector General Civil Rights & Civil Liberties Complaints 1425 New York Avenue, NW Suite 7100 Washington, DC 20530US Department of Justice Phone: (800) 869-4499* Fax: (202) 616-9898 Contact the OIG Hotline Concerning DOJ Employees or Programs Mailing Address: U.S. Department of Justice Office of the Inspector General Investigations Division 1425 New York Avenue, NW Suite 7100 Washington, DC 20530 Phone: (800) 869-4499* Fax: (202) 616-9881 Montana State Prison - MSP Switchboard: (406) 846-1320, ext. 0 400 Conley Lake Road Deer Lodge, MT 59722 Montana Women’s Prison 701 South 27th Street Billings MT 59101 Phone: (406) 247-5100 Fax: (406) 247-5161 Montana Department of Corrections : Locations and Capacities of Correctional Programs and Facilities: Office of the State Public Defender - Client complaint form If you wish to make a complaint against your public defender, please complete this form and submit it to the regional deputy public defender in your area MSP Inmate Grievance Program Montana State Bar Association: Lawyer referral Montana Legal Services Association Your Right to Vote! States That Ban People Convicted of Felonies From Voting While Incarcerated These states strip voting rights from people convicted of felonies while they're serving out their terms but restore them automatically once they are out of prison. Washington, D.C. Hawaii Illinois Indiana Maryland Massachusetts Michigan Montana New Hampshire North Dakota Ohio Oregon Pennsylvania Rhode Island Self-Advocacy Resources Your Right to Accommodation In human rights terms, accommodation is the word used to describe the duties of an employer, service provider or landlord to give equal access to people who are protected by the ADA. To be protected, you must be a qualified individual with a disability. This means that you must have a disability as defined by the ADA. Under the ADA, you have a disability if you have a physical or mental impairment that substantially limits a major life activity such as hearing, seeing, speaking, thinking, walking, breathing, or performing manual tasks. The duty to accommodate recognizes that people have different needs and require different solutions to gain equal access to services, housing and employment. To accommodate someone means to remove the barriers which prevent people from gaining access to jobs, housing, and the use of goods, services and facilities (e.g. public transit or schools). If you are a person who has ADA-protected rights, this means that an employer, service provider or landlord has a positive duty to change the way they provide workspace, services, or housing (e.g. by making physical changes or by changing their practices or policies) to make it easier or possible for you to participate in the workplace, participate in the service or facility or access housing. What needs can be accommodated? The duty to accommodate can arise in different situations as a result of a person’s disability, age, religion, marital status, immigration status, ethnic or racial identity or family obligations or other factors listed in the ADA. Most commonly, the duty to accommodate arises in the employment context where an employee suffers a disability such as an injury, illness or addiction that prevents him or her from continuing to do his job in the same manner as before. Even though the employee is no longer able to perform in the same way, the employer may not fire him or her without first providing reasonable opportunities for rehabilitation or alternative work. Is accommodation the same for everyone? No. Accommodation will be different for each person, even if they have the same disability. For example, two employees might have Multiple Sclerosis (MS). The employer can’t say, “Oh, when Mary got MS all she needed was an extra 15 minute break every day, so John’s going to get the same thing.” The nature of the accommodation required will vary according to your unique needs and these needs must be considered, assessed, and accommodated individually. What are some examples of the duty to accommodate? The kind of accommodation that is required will depend on the circumstances of the particular situation. Some examples of accommodation could include: Building a wheelchair access ramp Flexibility in work hours or break times Providing sign language interpreters for persons who are deaf so they can participate in meetings Job restructuring, retraining or assignment to an alternative position Allowing an employee to wear a hijab even though the employer wants all employees to wear the same corporate attire Allowing a pregnant employee to attend doctor appointments Allowing an employee to not work on certain holidays How do I get the accommodation I need? There are a number of steps you should take in order to make sure that your need for accommodation is dealt with properly. You should: Ask for the accommodation Explain why you need it (try to do this in writing) Provide information that is directly relevant to your needs, restrictions or limitations (this can include medical information, but only the information that is directly related to your request for accommodation) Participate in discussions about possible accommodation solutions Co-operate with any experts whose assistance is required Try different forms of accommodation even if it is not the perfect accommodation If you are an employee in a union, it would be a good idea to contact your union representative. Your union will often have good advice about your employer's procedures for getting accommodation. What should the employer, landlord or service provider do after I make my request for accommodation? Once you make your request for accommodation, the employer, service provider or landlord should: Accept the accommodation request in good faith, unless there are legitimate reasons for acting otherwise Understand someone might not use the word “accommodation” when they are looking to be served in a way that meets their needs Obtain expert opinion or advice where needed Take an active role in exploring a range of options Keep a record of the accommodation request and action taken Maintain confidentiality Limit their requests for information (e.g. medical reports) to those directly related to your needs, limitations or restrictions Grant accommodation requests in a timely manner Pay for the cost of the required medical information or documentation If the accommodation would cause “undue hardship” (see definition below) such as extreme financial costs, explain this clearly and be prepared to demonstrate why they cannot provide the accommodation How far does the duty to accommodate go? The duty to accommodate is not unlimited. The limit to the duty to accommodate is called "undue hardship." An employer, landlord or service provider is not required to accommodate a person’s needs beyond the point at which the accommodation would cause “undue hardship” to the business or operation.

Law Enforcement & Disabilities

Disability Rights Montana does not accept any criminal cases, but call/email us to use our information and referral services. We can also provide training, click here to inquire about a free workshop. Links to other Services Montana's Lawyer Referral Service : Data base where you can search for an attorney by practice and county. The ADA and Law Enforcement : To respond to questions that may arise, this document offers common sense suggestions to assist law enforcement agencies in complying with the ADA. Communicating with People Who are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers : Under the Americans with Disabilities Act (ADA), people who are deaf or hard of hearing are entitled to the same services law enforcement provides to anyone else. Police Response to People with Disabilities Video Series : Designed for use in roll-call training, this videotape addresses law enforcement situations involving people who have mobility disabilities, mental illnesses, mental retardation, epilepsy or seizure disorders, speech disabilities, deafness or hard of hearing, and blindness or low vision. Assessing the Use of Law Enforcement by Youth Residential Service Providers By Disability Rights Maine : Our Protection & Advocacy partner in Maine put together this material. Law Enforcement & People with Developmental Disabilities Video Series : People with developmental disabilities are coming into contact with the criminal justice system in increasing numbers both as victims and witnesses of crime, and as alleged and convicted perpetrators of crime. Criminal Justice and the ADA Legal Briefings : Discrimination within the nation’s criminal justice system is an issue of critical importance, addressed regularly on the news, in political campaigns, and within government and local communities. Disability Awareness for First Responders : Providing training and webinars. ADA Model Policy for Law Enforcement on Communicating with People who are Deaf or Hard of Hearing

Disability Rights Montana protects and advocates for the rights of people with mental illness and investigate reports of abuse and neglect in facilities that care for or treat people with mental illness. We also serve people with mental illness who reside in the community. Click here to request for our services. Rights of Montanans with Mental Illness (February 2018) Links to other Services National suicide Prevention Hotline: 1-800-273-8255 or Text MT to 741741 We can all help prevent suicide. The Lifeline provides 24/7, free and confidential support for people in distress, prevention and crisis resources for you or your loved ones, and best practices for professionals. The Veterans Crisis Line: 1-800-273-8255 press 1 or Text to 838255 The Veterans Crisis Line connects Veterans in crisis and their families and friends with qualified, caring Department of Veterans Affairs responders through a confidential toll-free hotline, online chat, or text. Veterans and their loved ones can call 1-800-273-8255 and Press 1, chat online, or send a text message to 838255 to receive confidential support 24 hours a day, 7 days a week, 365 days a year. Support for deaf and hard of hearing individuals is available. Medicaid and Mental Health Services for Adults : Responsible for the development and oversight of the state's system for delivering and reimbursing publicly funded Adult Mental Health Services. The Bureau ensures availability and efficient delivery of appropriate and effective services; provides extensive monitoring of program implementation and operation; and analyzes and reports on program operations, costs and outcomes. List of adult and children’s services in the State Montana Mental Disabilities Board of Visitors : The Board conducts reviews of Montana's public mental health programs and the Montana Developmental Center and assists individuals receiving services from these programs. Mental Health - 406-444-5278 \ Intellectual Disabilities - 406-444-3955 Toll Free: 888-444-9669 FAX: 406-444-354 NAMI Montana: NAMI Montana supports, educates, and advocates for Montanans with severe mental illnesses and their families. NAMI Montana has over 400 members and growing ( join now ). Our affiliates are located in Billings, Bozeman, Great Falls, Havre, Helena, Kalispell, Livingston, Lewistown, and Missoula. (406) 880-1013 Facebook Missoula Montana State Hospital Hospital Mission: to provide high quality psychiatric evaluation, treatment, and rehabilitation services for adults with severe mental illness. Telephone: (406) 693-7000 Administration Fax: (406) 693-7069 Health Information Fax: (406) 693-7160 TTY: (406) 693-7213 Montana Mental Health Nursing Care Center Mission Statement: We are dedicated to delivering the best possible care with courtesy, efficiency and respect. We are committed to providing high-quality resident care in a safe environment, using the least restrictive methods that meet our residents' physical and emotional needs. Vision: To be distinguished as a leader in Long Term Care and Mental Health through collaboration, resident-centered care and education. Phone: (406) 538-7451 Fax: (406) 535-2863 Montana Chemical Dependency Center : MCDC provides intensive in-patient treatment that cares for the disease of addiction including withdrawal management for substance use disorders and treatment for co-occurring mental health disease. Phone: (406) 496-5400 Montana Mental Health Ombudsman : The Ombudsman represents the interests of Montanans seeking access to public mental health services. Montana County Websites Life Threatening or Emergency Situations call 9-1-1 Winds of Change Mental Health Cente r (406)721-2038 American Foundation for Suicide Prevention 1-888-333-2377 (AFSP) Central Montana Adult Mental Health Service Area Authority (CSAA) Our mission is to assure that consumers, their families, and other interested community stakeholders have a strong voice in defining, developing, managing and monitoring public mental health care delivery in Montana, with a focus on the Central region of the state. Montana Peer Network: We provide information, education, training, peer support and resources across the state using our own “lived experience” in long term recovery. Montana Warmline: 1-877-688-3377 The Recovery Line is for people with a mental illness who want to talk to a peer (that is, a person who is in recovery for his or her own mental illness) about issues they are facing in their lives or with their treatment. It provides a friendly and understanding person for those who just need someone to talk to. Nurse First 1-800-330-7847 A free service for Medicaid Clients. Call when you are sick, hurt, or have a health concern. Nurses available 24 hours-a-day, 7 days-a-week. Call Nurse First before visiting your medical provider or going to the Emergency Room, except in real emergencies. Call to get your Nurse First telephone number.

We offer CAP Services to Montanan’s who live on Tribal Lands The Client Assistance Program (CAP) is a federally funded program authorized under the amended Rehabilitation Act of 1973. CAP's goal is to identify, explain and resolve any problems you may be having with your rehabilitation program as quickly as possible. Client Assistance Program Pamphlet Links to other Services Urban Indian Centers of Montana: A listing of the urban Indian health centers in the state of Montana. Montana Legal Services Association - Indian Law : MLSA’s advocates provide legal aid and services for writing wills to Native Americans on and off reservations, in both tribal and state courts. Advocates help with: Civil legal services for issues such as housing, consumer, domestic violence, public benefits, and more. Writing Wills Public defender services at the Crow and Fort Belknap reservations. Civil advocate services on the Blackfeet and Rocky Boy's reservations. National Council of Urban Indian Health : Heath care policy, technical assistance and research. NCUIH is the only National 501(c)(3) organization devoted to the support and development of quality, accessible, and culturally-competent health services for American Indians and Alaska Natives living in urban settings. NARF - Native American Rights Fund : Founded in 1970, the Native American Rights Fund (NARF) is the oldest and largest nonprofit law firm dedicated to asserting and defending the rights of Indian tribes, organizations and individuals nationwide. Early in our existence, the Board of Directors determined that legal resources should be concentrated in these five areas: NARF’S FIVE PRIORITIES Priority 1 Preserve tribal existence The future existence of the remaining Indian tribes in this country depends ultimately upon secure and permanent land bases, and the rights of self-determination necessary to preserve traditional customs and ways of life. Priority 2 Protect tribal natural resources The natural resources found on Indian lands vary greatly. NARF concentrates its efforts in asserting tribal resource rights and protecting them from loss and exploitation by non-Indians. Major resource protection includes land rights; water rights; hunting, fishing and gathering rights; environmental protection; timber rights; and prudent development of mineral resources. Priority 3 Promote Native American human rights The Native American Rights Fund is concerned with securing basic human rights for Native Americans in such areas as education, health, housing and religious freedom rights. Priority 4 Hold governments accountable to Native Americans NARF focuses much of its efforts on guaranteeing that the federal and state governments are accountable for the proper recognition and enforcement of the many laws and regulations which govern the lives of Indian people. Priority 5 Develop Indian law and educate the public about Indian rights, laws, and issues This involves not only the establishment of favorable court precedents in major areas of Indian law, but also the compilation and distribution of Indian law resources to everyone working on behalf of Indian rights. Native Languages of the Americas : Preserving and promoting American Indian languages North American Indian Alliance : North American Indian Alliance is a public rehab located in Butte, MT. North American Indian Alliance specializes in the treatment of Mental Health Disorders and Substance Addiction. Located at 55 East Galena street Butte, MT 59701, and the phone number is (406) 782-0461. Your Guide to Understanding and Enjoying Pow-wows Montana Pow Wow Calendar

Self-Advocacy Legal Resources

Follow the links below to learn on how to navigate various public systems, how to request accommodations or modifications, and what to do if your rights are violated or you experience discrimination. We also have resources provided by the federal government, state government, and other organizations. Click here to see our priorities , or here to request our services . DRM Pamphlet DRM Fact Sheets Airline Travel with a Disability Effective Communication for the Deaf and People who are Hard of Hearing Employment Discrimination Employment Discrimination Complaint Employment - Requesting a Reasonable Accommodation Housing - Requesting a Reasonable Accommodation Recognizing and Reporting Signs of Abuse and Neglect Representative Payee FAQ Representative Payee Easy Read FAQ How to file a complaint with the EEOC How to file a complaint with the Montana Human Rights Bureau Your Ticket To Work: What You Need To Know To Keep It Working For You – A flier from Social Security about the Ticket to Work program. Links to other services State Law Library Self-Help Law Center (406) 444-9300 Provides legal forms, information, references, and resource referrals to citizens dealing with civil matters. The Arc of Montana (406) 461-2384 The Arc promotes and protects the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lifetimes ADA Basic Building Blocks Course –FREE Course--" ADA Basic Building Blocks " is an introductory web course on the Americans with Disabilities Act of 1990 (ADA) that is designed to help increase your knowledge and understanding of the basic principles and core concepts in the ADA and the ADA Amendments Act of 2008 (ADAAA). Information and Technical Assistance on the Americans with Disabilities Act PLUK Help and Referral Form - Use this form to request assistance for yourself or for someone else, ask questions, or request information/library materials about anything pertaining to children and families. Common issues are - early intervention (information, screening, evaluation, assessment), behavior, disability, parenting, school, specialized medical needs, insurance, sex & gender, intellectual and developmental disabilities, autism, guardianship, childcare, dyslexia & learning disabilities. Social Security Administration: The Appeals Process Social Security Administration Red Book : The Red Book serves as a general reference source about the employment-related provisions of Social Security Disability Insurance and the Supplemental Security Income Programs for educators, advocates, rehabilitation professionals, and counselors who serve people with disabilities

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