Disabilities Coalition

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1 Maryland Developmental Disabilities Coalition Dedicated to the rights and quality of life of people with developmental disabilities in Maryland The Arc Maryland PO Box 1747 Annapolis, MD December 12, 2014 The Honorable Larry Hogan, Jr. Governor- Elect, State of Maryland Tawes State Office Building 580 Taylor Avenue Annapolis, Maryland Dear Governor- Elect Hogan: Maryland Association of Community Services 8835 Columbia 100 Pky, Suite P Columbia, MD Maryland Developmental Disabilities Council 217 E. Redwood Street, # 1300 Baltimore, MD Congratulations on your election as Maryland s next Governor. The Developmental Disabilities Coalition looks forward to working with you and your administration in the coming years to strengthen the developmental disabilities service system in Maryland. The Developmental Disabilities Coalition is comprised of five organizations that are dedicated to the rights and quality of life of Marylanders with developmental disabilities. Below is a brief description of each of our Coalition organization members: The Arc Maryland is the largest statewide advocacy organization advocating on behalf of and with persons with intellectual and developmental disabilities and their families in Maryland. The Arc s membership includes people with developmental disabilities, parents and other family members, educators, professionals and other interested people. The Maryland Developmental Disabilities Council is a federally funded, independent public policy organization with the mission to advance the inclusion of people with developmental disabilities in all facets of community life by eliminating barriers, creating opportunities, empowering people and promoting innovation. Maryland Disability Law Center 1500 Union Ave., Suite 2000 Baltimore, MD People on the Go of Maryland 7000 Tudsbury Road Windsor Mill, MD Maryland Disability Law Center is Maryland s designated protection and advocacy agency, mandated to advance the civil rights of people with disabilities. People on the Go is a statewide self- advocacy organization made up of Marylanders with developmental disabilities. The Maryland Association of Community Services (MACS) is a non- profit association of over 100 agencies across Maryland serving people with developmental disabilities. MACS members provide residential, day and supported employment services to thousands of Marylanders, so that they can live, work and fully participate in their communities. MACS members comprise over 90% of the DDA funding for community services in Maryland.

2 The Developmental Disabilities Coalition would like to submit the following briefing materials regarding developmental disabilities issues in Maryland. This transition packet contains summaries, concerns, priorities, and recommendations regarding key issues facing Marylanders with developmental disabilities, their families and agencies providing support services. We hope that you and your administration find this information useful as you prepare to take office on January 21, We look forward to working with you, and please do not hesitate to contact us with any questions. Sincerely, Laura Howell, Executive Director MD Association of Community Services Brian Cox, Executive Director MD Developmental Disabilities Council Ken Capone Ken Capone, Public Policy Coordinator People on the Go of MD Richard Dean, President Cristine Marchand, Executive Director The Arc Maryland Virginia Knowlton, Executive Director MD Disability Law Center Cc: The Honorable Bernie Simons, Deputy Secretary for Developmental Disabilities, DHMH

3 DEVELOPMENTAL DISABILITIES COMMUNITY SERVICES WAITING LIST & EMERGENCIES Issue Over 8,300 children and adults with developmental disabilities and their families are on the Developmental Disabilities Administration (DDA) Community Services Waiting List for family support, employment programs, and community day and residential supports. In addition, there are unexpected crisis/emergencies that occur throughout the year. These are people who are not on the Waiting List as when a 90 year- old parent dies, leaving their 50 year- old son alone; or a person on the Waiting List becomes an emergency due to the death or life- threatening illness of their family caregiver. Analysis Maryland is the wealthiest state in the nation, yet it ranks 41st in fiscal effort for individuals with intellectual and developmental disabilities (total spending) in the nation (* State of the States in Developmental Disabilities, Braddock et al, 2012 data). People from every county are on the waiting list. Ø 111 children and adults and their families are in the Crisis Resolution Category, meaning they are: homeless, or at risk of losing their home; at risk of harming themselves or others; or have caregivers who are elderly or cannot care for them because of illness. Ø 1,305 people are in the Crisis Prevention Category, meaning they are: in urgent need for services, as determined by DDA; will be at substantial risk for meeting one or more of the criteria for Crisis Resolution within 1 year; or have a caregiver who is 65 years old or more. Ø 6,924 people are in the Current Request Category which means they are currently in need of services such as daily living supports, housing, and/or employment. Ø 2,814 people are in the Future Need Category and will need services within the next three years. Ø The ages of people waiting are even more astonishing: Crisis Prevention: 3 to 85 years old Current Request: 1 to 87 years old Future Need: 0 to 86 years old Ø The known ages of primary caregivers of people on the Waiting List are: Crisis Resolution: 19 to 88 years old Crisis Prevention: up to 100 years old Current Request: up to 103 years old (Date Sources: Developmental Disabilities Administration, October 2014, and StateStat, May 2014.) A multi- year Developmental Disabilities Waiting List Initiative is needed. $5 million for 154 anticipated emergency/crisis situations. Cristine Marchand, Executive Director, The Arc Maryland at cmarchand@thearcmd.org or

4 THE MINIMUM WAGE AND DEVELOPMENTAL DISABILITY SERVICES Issue Community- based direct support staff are critical to Marylanders with developmental disabilities. Despite the importance of their jobs, direct support staff earn low wages and have tremendous responsibility. Direct support staff must: Ø successfully complete DDA- mandated training; Ø be trained, tested and certified by the Board of Nursing, in order to pass medications; Ø pass a math and reading test; Ø undergo a criminal background check; Ø assist with a variety of daily activities that enable people to live and work in the community; and Ø make independent decisions involving the care and support of people with developmental disabilities. Turnover is significant, and providers compete with employers who pay a similar wage, but offer far easier jobs. Effective January 1, 2015, DDA will factor approximately $10.42 into the provider rate for direct support staff wages. This rate must cover the range of wages from entry level to those with the most seniority. In 2014, the Maryland General Assembly created a statutory mandate in HB 295/SB 331 (The Maryland Minimum Wage Act of 2014) of a 3.5% rate increase for DDA- licensed community services from FY 2016 through FY The 3.5% rate increase provides funding for direct support wages, in addition to a modest inflationary increase for other non- wage related operating costs. This funding level was a compromise. While it provided a safety- net for DD community services, it still represented a reimbursement rate that moves direct support staff closer to the minimum wage. Failure to fund the statutorily mandated 3.5% rate increase for DDA community services would be devastating to the DD community direct support staff and to Marylanders with developmental disabilities who rely upon them. Not only would community providers not have the funding necessary to increase wages commensurate with the minimum wage increases in Maryland, but providers would also not receive funding for other inflationary costs in an already underfunded system. Concerns Community- based providers licensed by the Developmental Disabilities Administration (DHMH - DDA) rely on state and federal funding to offer quality support services for Marylanders with developmental disabilities. The vast majority of providers are non- profit agencies. The current system has an outdated and inadequate rate and assessment system that results in low- wage workers, inadequate transportation, challenging staff coverage, and a growing inability by providers to support new people needing services, especially those with more complex and significant needs. Years of chronic underfunding along with a tremendous increase in unfunded state mandates have left many community providers struggling to make ends meet while still providing quality supports. Many

5 providers are no longer able to support new people with intensive needs due to the chronic underfunding. Fully implement the mandated rate increases for FY 16 through FY 19 for community- based developmental disability supports, in order to keep pace with the minimum wage increases and to strengthen community supports. Make no reductions to the DDA budget in FY 15. Laura Howell, Executive Director, MD Association of Community Services at or x1, or Brian Frazee, Director of Public Policy, at or x3.

6 DDA Transitioning Youth Initiative : The Developmental Disabilities Administration (DDA) Transitioning Youth Initiative is for young adults with significant developmental disabilities who exit school at the age of 21 years and require post- secondary day and employment services to maintain skills and assist their integration into the work world. In FY 2015, a projected 600 students with developmental disabilities will exit Maryland schools in need of day/employment supports. Research shows that seamless transition results in higher rates of post- school employment for young adults with significant support needs, who as a group tend to otherwise achieve very low employment outcomes. 1 It also allows parents to continue working. Concerns: The Transitioning Youth Initiative has been a priority of the DD Coalition and the Developmental Disabilities Administration for over 20 years and 16 years. It has proven successful by preventing longer waiting lists for DDA community services. The Transitioning Youth Initiative ensures that students with significant developmental disabilities do not regress after completing their public education schooling. Prior to 1989, when the program began, these young adults typically sat at home with nothing to do, losing skills invested through the educational system. Often a parent had to give up employment to stay at home with their young adult. Neither option makes sense at a time when Maryland aims for stronger work incentives and greater employment for persons with disabilities. Students with disabilities are significantly unemployed and underemployed upon leaving school compared to their peers who do not have disabilities. The U.S. Department of Labor reports the Unemployment rate of people with disabilities is 11.3%, compared with 5.3% for people without disabilities. (October 2014) : $13 million is needed to provide day/employment services to the 600 students with developmental disabilities who will exit school in FY The federal Medicaid program matches state funds (. Additional funds may be necessary to ensure transitioning students with intensive medical and other support needs receive appropriate quality services. Cristine Marchand, Executive Director, The Arc Maryland at cmarchand@thearcmd.org or Certo, H.J., Mautz, D., Pumpian, I., Sax, C., Smalley, K., Wade, H., Noyes, D., Luecking, R., Wechsler, J., & Batterman, N. A Review and discussion of model for seamless transition to adulthood. Education and Training in Mental Retardation and Developmental Disabilities.

7 EMPLOYMENT OF PEOPLE WITH DEVELOPMENTAL DISABILITIES Issue Marylanders with developmental disabilities and their families clearly express their desire for real jobs in the community, earning living wages with benefits, and with opportunities for career advancement. Maryland s high unemployment rate among people with developmental disabilities highlights the need for action in the following three areas. Ø The employment of people with disabilities means a better bottom line for business and government State government and business play an important role in improving employment outcomes for people with disabilities. Maryland can partner with businesses to address workforce and operational needs so that people can realize the economic benefits of work. A Better Bottom Line: Employing People with Disabilities was developed as part of the National Governor s Association Chair s Initiative in This blueprint focuses on the role of state government and business in creating more employment opportunities for people with disabilities. For more information, go to Concern Limited collaboration between the State of Maryland and business community is a barrier to employment of people with disabilities. Only one third of working- age Marylanders with a disability are employed compared with 77.3% Marylanders with no disability. Additionally, only 17% of people receiving day services funded by the Developmental Disabilities Administration hold a competitive job. Recommendation Adopt the 5 key action steps of the National Governor s Association Initiative, A Better Bottom Line: Employing People with Disabilities: Make disability employment part of the state workforce development strategy Support businesses in their efforts to employ people with disabilities Increase the number of people with disabilities working in state government Prepare youth with disabilities for careers that use their full potential, providing employers with a pipeline of skilled workers Make the best use of limited resources to advance employment opportunities for people with disabilities Ø Community Integrated Employment as the First Option (Employment First) The Developmental Disabilities Administration established a commitment to Employment First, a policy stating that employment will be the first option considered for all people of working age receiving DDA funded services. This is important because it raises expectations that many people with developmental disabilities can and want to work in the community. Concern Employment First policy is not fully understood and embraced by all pertinent State agencies, school systems, DDA adult service providers, people with developmental disabilities and their families. Implementation is in the early stages and requires greater understanding and commitment. In addition,

8 some current DDA policies and the funding formula impede the ability of agencies that support people to find and retain jobs to achieve successful outcomes. Issue an Executive Order that stipulates roles, responsibilities and goals for specific state agencies in implementing Employment First policy and significantly increasing the number of people with developmental disabilities working in integrated jobs. Provide interagency and cross- agency training and planning (DDA, local school systems, DORS, Office of Health Care Quality) that results in a consistent vision and action steps that prioritize employment for people with developmental disabilities. Incentivize and support more employment by: 1) changing policies that are barriers to employment and 2) reimbursing DDA providers at a rate adequate to hire and retain qualified staff and individualize support. Develop and implement a marketing plan that includes examples of individuals with disabilities successfully employed in competitive workplaces that will ensure that all Maryland stakeholders are aware of the State s policy to support people with intellectual and developmental disabilities living in the community. Ø Transportation Reliable, affordable and accessible public transportation is an essential support that enables people with disabilities to be included in community life and community employment. Concerns The lack of transportation options is frequently at the top of the list of issues for people with developmental disabilities. Bus and paratransit systems are often fragmented and do not cross county lines. Many people are unable to work or maintain employment if reliable transportation is not readily available. Recommendation Support state and local transportation infrastructures to increase the availability, accessibility, reliability, and coordination of public transportation. Cathy Lyle, Deputy Director, Maryland Developmental Disabilities Council at cathyl@md- council.org or

9 NEED FOR AN ADEQUATELY RESPONSIVE QUALITY ASSURANCE SYSTEM DDA needs a modernized professional quality assurance system with adequate capacity to license, investigate and remediate harm in a billion dollar service delivery system. The Office of Health Care Quality (OHCQ) Developmental Disabilities (DD) Licensure Unit licenses DDA provider agencies, performs annual licensing reviews to ensure compliance with regulations, and investigates complaints. OHCQ is a critical significant quality assurance program for DDA services. Concerns DDA serves a vulnerable population that relies heavily on provider agencies for an extensive array of support services to remain healthy, safe and to have dignified lives. Quality of service is a constant concern in a system that relies on staff who are paid low wages and work directly with people with complex needs. Furthermore, continuing to receive federal Medicaid funds, which comprise almost 50% of DDA s $1 billion budget, are contingent on DDA maintaining a robust system of quality assurance. A strong system would assess trends and patterns and take action to prevent harm from occurring as well as taking disciplinary action as needed. Ø OHCQ s DD Licensure Unit is too understaffed to meet its statutory obligation to perform annual licensure surveys. Ø OHCQ s DD Licensure unit investigates less than 10% of the complaints received. Ø DDA doesn't have the technical capacity to track trends and patterns of incidents that providers report through the mandatory reporting system. Ø The State doesn't take prompt action to ensure health and safety of individuals when problems are discovered. Ø DDA is required to maintain a Central Registry of abuse and neglect; however, it does not use its registry to identify staff or others who have committed offenses. DDA should obtain technical assistance from the Centers for Medicare and Medicaid Services to review and restructure the DDA quality assurance system. OHCQ should hire at least 20 more surveyors for the DD licensure unit to ensure it can come closer to complying with its statutory obligations. DDA should hire an expert in data collection and analysis to review its incident reporting system and determine how the same incident reports can be used to identify trends and patterns of incidents so DDA can take preventive action. When individuals have been harmed or are at serious risk of harm, DDA should take prompt disciplinary action to ensure provider agencies comply with regulations. DDA should protect people from harm by staff who have been terminated because of abuse or neglect at other provider agencies. DDA can accomplish this by changing how it uses its Central Registry or by establishing a staff database so employers can perform job performance checks with past employers. Employers who disclose information in good faith about poor job performance are immune from liability under Maryland law. Nancy Pineles, Managing Attorney, Maryland Disability Law Center at nancyp@mdlclaw.org or (443)

10 STATE RESIDENTIAL CENTERS FOR PEOPLE WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES The Developmental Disabilities Administration (DDA) currently funds and operates two State Residential Centers (SRC) for people with intellectual and developmental disabilities 72 reside at the Holly Center and 41 at the Potomac Center. Maryland has a proud history of closing facilities like these and moving people to more integrated, typically less costly, community- based alternatives. In fact, there are 12 states and the DC that no longer finance state- operated institutions for individuals with intellectual and developmental disabilities. 2 The closure of these facilities demonstrates that individuals with profound and multiple disabilities can live in the community with the proper supports. The U.S. Supreme Court ruled in Olmstead v. L.C. that unnecessary segregation of individuals with disabilities in institutions constitutes prohibited discrimination under the Americans with Disabilities Act (ADA). In Maryland a Written Plan of Habilitation (WPH) is developed annually for each SRC resident to determine the most integrated setting appropriate for the person, a description of the services needed by the person to live and/or work in the most integrated setting, a list of barriers preventing the person from receiving these services in the most integrated setting; and a plan to overcome barriers to most integrated setting. In 2014, the State s treating professionals found community living the most appropriate integrated setting for 63 out of 71 individuals (all but 8) at the Holly Center and 44 of 46 (all but 2) at the Potomac Center. The most prevalent documented barrier to achieving the most integrated appropriate community living setting is family opposition. Concerns Ø Despite the fact that the most integrated setting appropriate for the vast majority of individuals living in the state s SRCs is the community, few people are moving out. Family opposition has not been consistently and adequately addressed, even though it has been identified year after year. Ø Two projects that provided mentoring to individuals and families were discontinued. 3 Therefore, there is no independent mentoring offered to institutionalized individuals with I/DD to offer information and education about exercising and understanding choice and options. There is also no peer support for families. There are individuals and their families who have experience with both institutional and community living who could serve as an effective resource to those who may oppose community living based on lack of current information regarding their options and the risks and rewards involved. Ø DDA may be tentatively considering expanding respite care at the Holly Center for children and adults living in the community. This would represent a step backward and be a serious mistake. Families ought not be limited to utilizing institutions to obtain respite when the vast majority would never consider temporarily institutionalizing their child to get a break from caregiving. In addition, the cost of community- based respite is half the cost of respite in an SRC. It would be irresponsible for the state to fund institutional respite care when more than twice as many families could be served in the community, in preferable and less restrictive settings. 2 Braddock, et.al. The State of the States in Developmental Disabilities 2013, Coleman Institute for Cognitive Disabilities, University of Colorado, p Self Advocacy Network (SAN) s Mentoring Project and Friends & Family TIES project..

11 Ø While decisions should not be made based on costs, it is instructive to note that the annual average cost of services at the Holly Center is $210,823 /per person 4 and $210,932 per person at the Potomac Center. Comparatively, the average annual cost of community services for the people who left the Rosewood Center when it closed in 2009 was $147, DDA and the Department of Disabilities should establish a stakeholder work group to meaningfully address the barriers to moving people to more integrated community- based settings that have been repeatedly identified in the state s annual reports to the legislature. Action is needed. Peer mentoring for SRC residents and their families should be re- established to ensure the state meets its legal obligations to support people in considering integrated options. DDA should develop a plan to expand home and community- based respite to provide families and individuals the relief they need. Cristine Marchand, Executive Director, The Arc Maryland, cmarchand@thearcmaryland.org, or Brian Cox, Executive Director, MD Developmental Disabilities Council, brianc@md- council.org, Dept of Budget & Management; Proposed FY2015 Operating Budget Annual cost per average daily client. 5 Source: Developmental Disabilities Administration

12 TRANSITION FROM INSTITUTIONAL TO COMMUNITY LIFE Advocates from around the state share the same view which is that Maryland, by having 2 remaining State run institutions still open, is not enforcing the Supreme Court's decision in Olmstead v. L.C., a ruling that requires states to eliminate unnecessary segregation of persons with disabilities and to ensure that persons with disabilities receive services in the most integrated setting appropriate to their needs. President Obama issued a proclamation launching the "Year of Community Living" in 2009 and has directed the Administration to redouble enforcement efforts. The Civil Rights Division has responded by working with state and local government s officials, disability rights groups and attorneys around the country, and with representatives of the Department of Health and Human Services, to fashion an effective, nationwide program to enforce the integration mandate of the Department's regulation implementing Title II of the ADA. There are several self- directed options that a person can use along with their family in order to be productive in the community. However, there are two institutions still remaining within the state Potomac Center and Holly Center. This is a clear violation of the intentions of the Olmstead Decision of 1999 where the Supreme Court ruled that unjustified segregation of persons with disabilities constitutes discrimination in violation of title II of the Americans with Disabilities Act. Concern With more community based resources such as Maryland s self- directed community pathways waiver option, more people with disabilities are able to have homes of their own, meaningful employment and able to choose their own support staff, so that they can enjoy the same privileges of life as non- disabled people. It is an irony, therefore, that we still have institutions and institutional ideas. We are also concerned that there is a real disconnect between family members, individuals wit developmental disabilities and institutional staff as to why living in the community is a better life for an individual rather than an institutional way of life. Recommendation People on the Go of Maryland also wishes to see the 2 remaining institutions Potomac Center and the Holly Center closed. Facilities such as this should not exist in 2014 and as was mentioned above, they re not only a clear violation of Olmstead, but they violate the civil rights of the people who are forced to remain there. POG would also recommend an immediate halt to any new admissions to these facilities. In conclusion, we at People on the Go know this may seem like a tall order for the state, we also recognize that much progress has been made, but we are simply not where we need to be with community inclusion. Now is the time for new leadership on these issues and we ask the Governor and his team to consider all of this when moving forward for the state of Maryland. Ken Capone, Public Policy Coordinator, People on the Go, at Ken@pogmd.org

13 SELF- DETERMINATION, SELF- ADVOCACY AND SELF- DIRECTION A Message from People on the Go of Maryland In Maryland, we have strived to help individuals with disabilities reach their potential through adopting philosophies of self- determination, self- advocacy and self- direction of one s services under DDA s Community Pathways Waiver. Self- determination means making choices about your life and taking the responsibility for those choices. People with disabilities want to be treated with respect. Self- determination is believing you can control your own destiny. Self- determination is a combination of attitudes and abilities that lead people to set goals for themselves, and to take the initiative to reach these goals. It means making your own choices, learning to effectively solve problems, and taking control and responsibility for one's life. Practicing self- determination also means one experiences the consequences of making choices. Self- Advocacy is about speaking up for yourself. People On the Go is a statewide self- advocacy group in Maryland with the membership consisting of local advocacy groups from around the state. Self- Advocacy groups teach individuals to stand up for what is important to them and bring people together to advocate for common issues. Self- advocacy refers to the civil rights movement for people with developmental disabilities. This refers to people speaking up for themselves and taking control of their own lives, including being in charge of their own care. It means that although a person with a disability may call upon the support of others, the individual should be in control of their own resources and how they are directed. It is about having the right to make life decisions without undue influence or control by others. Self- direction is the ability to direct your own services through the Community Pathways Waiver. You have the ability to hire your own staff, set your own schedule, set goals and have the flexibility to live and be part of a community of your choice. In Maryland of the 22,000 people in services only 300 individuals are self- directing. This number is low and we hope that through more training and collaboration with DDA we can triple this number over the next 4 years. People On the Go (P.O.G) is a group of advocates with intellectual and developmental challenges who use our voices to be heard and recognized. We believe all people should be active participants in their communities and we strive to eliminate discrimination. Ken Capone at Ken@pogmd.org

14 EDUCATION: CHILDREN WITH DEVELOPEMENTAL DISABILITIES Ø Need to Decrease the School Readiness Gap Maryland s young children with disabilities are not entering kindergarten ready to learn at the same rate as their non- disabled peers. According to the Maryland State Department of Education only 57% of young children with disabilities entered kindergarten fully ready to learn compared to 84%of their non- disabled peers. i Children need services that respond to their individualized needs and challenges before they enter school and in the early school years. Early intervention services provided by the Maryland Infants and Toddlers program are a critical component of a comprehensive system of services for young children with disabilities. Children need to receive these services in early care and education programs, such as child care and public prekindergarten, alongside their nondisabled peers. Concerns The school readiness gap between young children with disabilities and those without continues to increase. Children with disabilities and their families have difficulties finding high quality, inclusive early care and education programs due to a lack of options that meet their needs. Despite the clear benefits of early intervention, state funding for this critical program has remained constant since 2009 despite the fact that State law allows for an increase of funding, not exceeding 20% of the program costs. Increase funding for the Maryland Infants and Toddlers program and designate state funds for preschool special education so that a seamless, coordinated and comprehensive statewide system of services for children, birth through age 5, and their families can be implemented. Increase MSDE s Division of Early Childhood Development budget to pay for specialized training and technical assistance services that support early care and education providers to care for children with disabilities. Prekindergarten expansion should continue to be supported through State funds. Increase interagency collaboration to implement creative uses of existing programs & resources that could support children with disabilities participation early care and education programs. Ø Need to Educate in the Least Restrictive Environment The Individuals with Disabilities Education Act (IDEA) requires that students with disabilities, ages 3 through 21, receive a free and appropriate public education with the services and supports necessary to be educated in the least restrictive environment with their non- disabled peers to the greatest extent possible. Adequate funding, collaboration, a variety of services and supports for students, and professional development and technical assistance for teachers are needed for students with disabilities to access and make progress in the general education curriculum, taught with their non- disabled peers. Maryland educates over 67% of students with disabilities, ages 6-21 in the general education classroom more than 80% of the school day. ii However, approximately 13% of students with disabilities are in separate, self- contained classrooms for the majority of their days and 7% of are served in separated special education facilities. iii

15 Concerns Teachers are not prepared to educate all students. 12% of the entire student population receives specialized education. However, most educators only take one required course in special education. That one course, required by most colleges and universities for a degree in general education, does not prepare educators to teach all students. While Maryland has made progress in including students with disabilities most of the time variability exists statewide, ranging from 52%- 92%. iv Too many students with disabilities do not have access to the general curriculum. Funding should support MSDE to work with local school systems, families and other stakeholders to build the capacity of local school systems to educate all students with disabilities in the least restrictive environment and hold each accountable for improvements. MSDE and The Maryland Higher Education Commission (MHEC) should collaborate with stakeholders and institutes of higher education to identify and implement ways to more effectively prepare all new and existing general educators to teach and support students with disabilities in general education classrooms. Ø Need for Students to be Actively Engaged in Post- Secondary Activities Transition services should lead students with developmental disabilities, including those with significant disabilities, to college and career readiness. Higher education is an important pathway to integrated competitive employment and independent living for students with developmental disabilities. Concern Children and their families need access to more information and planning during transition from school to adult life. The dropout rate for students with disabilities is higher and the graduation rate lower than for students without disabilities. Students with disabilities are not actively engaged in post- secondary activities such as college, career training, and employment after exiting school due to multiple barriers. MSDE, MHEC and institutes of higher education, in collaboration with stakeholders, should develop more inclusive opportunities and supports for students with disabilities with intellectual and developmental disabilities to pursue post- secondary education. Rachel London, Director of Children & Family Policy, MD Developmental Disabilities Council at Rlondon@md- council.org or i Children Entering School Ready to Learn: Maryland Model for School Readiness report. ii Id. iii MSDE, Annual Performance Report ( ). Revised May 13, iv The Division of Special Education/Early Intervention Services Strategic Plan: Moving Maryland Forward

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