"A better future for hundreds of thousands of people with disabilities is within our grasp . . . . Our greatest handicaps are outdated social attitudes, lack of opportunities and physically inaccessible environments. Together we can change all that and can create the new future. I urge you to take the challenge . . ."
-- Ed Roberts

"A society good for disabled people is a better society for all."
-- Bengt Lindavist

". . . when given the opportunity to be independent, [Americans with disabilities] will move proudly into the economic mainstream of American life, and that's what this legislation is all about . . . I now lift my pen to sign this Americans with Disabilities Act and say, let the shameful wall of exclusion finally come tumbling down."
-- President George Bush

Community participation rights are for everyone. They include the right to fair opportunities for employment and housing, and for equal access to all programs, services, and activities that are offered to the public. Community participation rights also include the right to take part in the political process, the right to vote, the right to be considered for jury service, and the right of public access to meetings of decision-making boards, commissions, and other governmental bodies.

Our laws recognize that discrimination and inaccessibility have been barriers to participation and they have provisions to protect the rights of all citizens to participate fully in all aspects of community life. Some laws, such as the Americans with Disabilities Act, were passed specifically to protect the rights of people with disabilities. Other civil rights laws, such as the Fair Housing Act, make it illegal to discriminate on the basis of any protected status, including race, religion, sex, national origin, family status, and disability. These and other laws discussed in this Guide are intended to prevent practices that exclude people with disabilities from participation and to ensure that any supports, services, and accommodations necessary for participation are made available.

This section of the PRIDE Guide will outline and explain key rights for individual participation in policy-making and in community life, with particular attention to laws designed to protect the rights of individuals with disabilities.

EQUAL ACCESS TO PROGRAMS AND ACTIVITIES

Participation in all aspects of Community Life
People with disabilities have the right to participate in all programs and activities offered to the general public, even if their disability requires that reasonable accommodations be made to provide them with equal access. The Americans with Disabilities Act and how it applies to educational opportunities was discussed in the first section of this Guide. Because the ADA applies to a broad range of other opportunities as well, its requirements will be discussed more fully in this section.

The Americans with Disabilities Act (the "ADA")
The ADA was signed into law by President George Bush on July 26, 1990, and protects about 43 million Americans from discrimination on the basis of their disabilities. It is the most complete and inclusive federal civil rights law for people with disabilities.

Under the ADA, it is illegal to discriminate on the basis of a person's disability in the areas of:

-- employment
-- public services
-- public accommodations
-- transportation
-- telecommunications

Employment -- Title I of the Americans with Disabilities Act (the "ADA") makes it illegal for employers to discriminate against otherwise qualified people with disabilities in hiring, firing, and other employment practices.

Public Services and Transportation -- Title II of the ADA requires that the activities and services of state and local governments be open to people with disabilities. It also requires that public transportation, such as trains and buses, is accessible to people with disabilities.

Public Accommodations -- Title III of the ADA makes it illegal for businesses and other public places within the community which people visit or use on a daily basis to discriminate on the basis of a disability. These are called places of "public accommodation." They include restaurants, professional offices, banks, theaters, stores, shopping malls, health clubs, recreational facilities, stadiums, museums, and other similar places regularly open to the public.

Telecommunications -- Title IV of the ADA requires all companies that offer telephone services to the general public to make available relay services for people who use TTY or similar devices.

ADA REQUIREMENTS FOR EMPLOYMENT

The ADA protects "otherwise qualified individuals with disabilities" from discrimination in employment.

Who is considered an "individual with a disability" under the ADA?
An "individual with a disability" under the ADA is a person who:
-- has a physical or mental impairment that substantially limits one or more major life activities;
-- has a record of such an impairment; or
-- is regarded as having such an impairment.

The individual's physical or mental impairment must substantially limit a major life activity such as:
-- seeing -- hearing
-- speaking -- walking
-- breathing -- learning
-- performing manual tasks -- working
-- caring for oneself

A person who has a record of such an impairment is a person who does not now have a substantial limitation, but has received treatment for a disabling condition such as cancer or mental illness in the past.

A person who is regarded as having such an impairment is a person who does not have a substantial limitation, but who may be treated differently because of the attitudes of others. For example, this would include a person with a physical disability who is not impaired in performing the duties of a job requiring public contact, but is denied the job because an employer believes he would "make a poor impression" on customers.

Who is an "otherwise qualified" individual with a disability?
A person who is "otherwise qualified" is a person who meets the education, experience, or skill requirements of a particular job, and is able to perform the "essential functions" of the job--those duties which must be performed to get the job done. This requirement protects people with disabilities from being denied a job because they are unable to perform minor or occasional duties that could easily be assigned to others. A person with a disability is considered able to perform the essential functions if he can do so with "reasonable accommodations."

What are the "essential functions" of the job?
The essential functions of a job are the duties that must be performed to carry out the purpose of the position. These are the activities that are basic to the job. As an example, if a job filling orders in a warehouse involved routinely lifting and moving heavy boxes from one location to another, lifting and moving would be an essential function of the position. A person who is not able to lift heavy boxes could not perform the essential functions of this job, so would not be qualified for it, unless that person could lift and move the boxes if provided with a reasonable accommodation.

As another example, if a job taking orders in the same warehouse involved completing paperwork, and using a computer and telephone, those would be the essential functions. Even if a heavy box of completed orders needed to be moved occasionally, that would not be an essential function of the job. It would be a minor task that could easily be assigned to another worker.

Who decides what the "essential functions" of a job are?
It is the employer's responsibility to decide what is an "essential function" of a particular job. The ADA does not require that employers have written job descriptions, but a written description is helpful as evidence of a job's essential functions. Here are some questions an employer should consider in determining if a function is essential to the job:

-- Is the function performed regularly?
-- Would re-assigning it change the nature of the job?
-- Would this job exist without the function?
-- How much time is spent performing this function?
-- Are other employees available to perform this function?
-- Could this function be re-assigned to others without problem?
-- Is this function a part of the job description?

An employer is not required to re-assign essential job functions to another employee as a reasonable accommodation. An employer is required to provide you with reasonable accommodations if you can carry out the essential functions of the job with those accommodations.

What is a "reasonable accommodation"?
A "reasonable accommodation" is any adjustment or modification to a job activity or to the workplace that makes it possible for a person with a disability to perform a job or to compete with other applicants to qualify for a job. It may also include any adjustments necessary to give an employee with a disability rights, benefits, or privileges which are equal to those of employees without disabilities.

Examples of reasonable accommodations in the workplace may include changing work schedules, modifying equipment, providing assistive technology or specialized equipment, providing interpreters or readers, or making buildings or work areas more accessible. It may also be a reasonable accommodation to assign an employee with a disability to a different position (if one is available) if that worker is not able to perform his or her current job with accommodations.

When does an employer have to make a reasonable accommodation?
Employers are only required to provide accommodations when they know about an employee or applicant's disability. It is generally your responsibility to ask for the accommodations you need, or to let your employer know the nature of your disability so that he can work with you to determine what accommodations are appropriate.

A person requiring an accommodation must:

(1) be otherwise qualified to perform the job, and
(2) make his or her disability known to the employer.

When can an employer refuse an accommodation?
An employer is not required to make a requested accommodation if it would be an "undue hardship" on the business. An "undue hardship" is something that requires "significant difficulty" or "significant expense." Determining exactly where this line is drawn in an individual case can be difficult. Some of the factors which must be considered are: the size of the business, the type of business, the structure of the business, and the resources available to the business. Generally, a large corporation with many employees would be expected to make accommodations that might be considered too expensive or difficult for a small business with only a few employees to make, simply because they have far greater resources available.

If it is determined that a particular accommodation would be an undue hardship on the employer, the employer still has an obligation to try to find some other way to accommodate an employee with a disability. The employee should also be given the options of providing the accommodation himself, of seeking other resources to provide the accommodation, or of sharing the cost with the employer.

Does the ADA apply to all employers?
The employment requirements of the ADA currently apply to private employers with 15 or more employees, to employment agencies, to state and local governments, and to labor unions.

Does the ADA apply to all employment practices?
The ADA prohibits discrimination in all terms, conditions, and privileges of employment or employment-related activities.

Employment or employment-related activities include:
-- advertising and recruitment
-- hiring and firing practices
-- wages and compensation
-- job assignments
-- training opportunities
-- promotions
-- benefits
-- work attendance
-- vacation and leave policies

ADA REQUIREMENTS FOR PUBLIC ACCOMMODATIONS

Places of public accommodation are places that offer various types of goods or services to the public. The ADA requires that they must do so in a way that is accessible to people with disabilities. Examples of public accommodations for accessibility are wheelchair accessible parking, entrances, and rest rooms, and signs with both printed language and Braille. To be fully accessible, a building, program, or service must be fully "usable" by people with disabilities.

Buildings built before 1992 are required to remove physical and communications barriers when it can be readily done, but are not required to remove them in all cases when it is extremely difficult or expensive. For example, an older building may be required to make at least one main entrance fully accessible, but may not be required to make every entrance to the building accessible. Buildings built after January 26, 1992 must be fully accessible.

What does the law require for accessibility?
The ADA regulations have four priorities for accessibility to government services and places of public accommodation:

(1) The approach and entrance should be accessible to all.
-- Is there a route that does not require the use of stairs?
-- Is the surface stable, firm, and resistant to slipping?
-- Is the entrance door wide enough for a wheelchair?

(2) Goods and services should be readily accessible to all.
-- Are goods and services available without asking for assistance?
-- Is there space available for wheelchair seating?
-- Can all areas of the facility be accessed in a wheelchair or by a person with a physical disability?

(3) Restrooms should be readily accessible to all.
-- Is at least one restroom fully accessible?
-- Are restroom doors wide enough for a wheelchair?
-- Are there grab bars behind and on the side wall nearest the toilet?

(4) Any other measures necessary for equal access should be taken.
-- Are public telephones and drinking fountains accessible to people with disabilities?

EQUAL ACCESS TO COMMUNITY HOUSING

HUD Fair Housing Accessibility Guidelines
The Fair Housing Act of 1968 is a federal civil rights law that prohibits housing discrimination on the basis of race, sex, religion, national origin, disability, and family status. The federal Department of Housing and Urban Development ("HUD") enforces standards for accessibility under the Fair Housing Act. HUD has created accessibility guidelines that are designed to ensure that new living units built for residential purposes are usable by people with mobility impairments.

What kinds of buildings are covered?
The HUD Fair Housing Accessibility Guidelines apply to new multi-family housing built for first use after March 13, 1991. This type of housing includes apartments, condominiums, single story townhouses, dormitories, and timeshare units. Multi-family means that the guidelines only apply in cases where there are four or more living units. The guidelines do not apply to single family homes or duplexes, and they do not apply to buildings used for business or commercial purposes.

In a building with elevators, the elevators must be accessible and all the units in the building must be accessible. In a building without elevators, all ground floor living units must be accessible.

There are seven technical requirements for accessibility.
To be accessible under the HUD standards, a building and a living unit must have:

(1) An accessible entrance on an accessible route
(2) Public and common use areas must be accessible
(3) Usable doors (with an opening at least 32" wide)

The seven technical requirements for accessibility (continued):
(4) Accessible routes into and through the living units
(5) Accessible environmental controls (light switches, electrical outlets, thermostats)
(6) Reinforced walls in bathrooms (so that grab bars can be easily installed)
(7) Usable kitchens and usable bathrooms (with enough room for a person using a wheelchair to open and close doors, enter and exit, and use appliances or fixtures)

Do I have other Fair Housing rights?
Individuals with disabilities and mental illnesses have the same rights to rent or buy property as individuals without disabilities. The Fair Housing Act and other laws prohibit a landlord from asking people who apply for housing if they have a disability, or making any requirements of a person with a disability that they do not make for all tenants or prospective tenants.

A landlord may not demand any additional security deposit, or proof of income from a person with a disability. The rental rules must apply to all applicants equally. If necessary, landlords must make reasonable exceptions in their policies to accommodate persons with disabilities. Even if a landlord does not allow pets, service animals must be allowed.

Tenants must also be permitted to make reasonable modifications to their living units in order to accommodate their disabilities. Any modifications are made at the expense of the tenant, and if the landlord requests it, the property must be returned to its original condition before the tenant moves out.

Individuals with disabilities and mental illnesses cannot be denied credit on the basis of their disability. If you are otherwise qualified, financial institutions such as banks, mortgage lenders, and loan companies may not refuse loans, credit cards, or mortgages because you have a disability. Lenders may not make special requirements of individuals with disabilities that are not required of applicants without disabilities. This would include requiring a co-signer, offering lower credit limits, longer repayment time, or higher interest rates for loans. Fair lending practices require that financial institutions must apply lending rules equally to all applicants, with or without a disability.

Under the federal Fair Housing law, it is illegal to discriminate on the basis of a disability in any of the following ways:
-- By making housing unavailable
-- By falsely stating that housing is unavailable
-- By refusing to show housing
-- By refusing to rent housing
-- By refusing to sell housing
-- By setting different terms, conditions, or privileges for renting or selling housing
-- By providing different or separate housing facilities or services
-- By setting different standards or terms for mortgage lending
-- By refusing to allow a tenant to make reasonable accommodations for use of the housing at his or her own expense
-- By refusing to make reasonable accommodations in rules, policies, practices, or services

If you believe your housing rights have been violated, you may contact a local fair housing office or HUD. You have one year after you believe that your rights have been violated to file a housing complaint. To file a complaint, you can send a letter to a HUD regional office in your area or to the HUD national office in Washington, D.C. The addresses are listed in the Resources section of this Guide. Your letter should include:

-- your name and address
-- the name and address of the person you believe violated your rights
-- the address of the housing involved
-- a short description of the action or event that you believe violated your rights
-- the date of the action or event you are complaining about

VOTING RIGHTS

Participation in the Electoral Process
Voting is a constitutional right and a responsibility of citizenship. It is also an important opportunity to participate in selecting the federal, state, and local officials who make laws, design public programs, and decide how tax dollars are spent.

National elections for the President and members of Congress usually attract the most attention, but often it is state and local officials who have the power to make the decisions most directly affecting your everyday life:

-- The governor and the state legislators set policies and design and fund programs that will be followed throughout the state.
-- State, county, and local officials make many of the decisions about how tax dollars will be spent.
-- County and local officials are responsible for making contracts for public services, or for hiring others to carry out public policy.

Under Iowa's system of County Management Plans, the Board of Supervisors for your county may actually vote on whether to grant YOUR appeal of a request to receive services. Going to the polls on Election Day is your opportunity to vote on who should make those decisions.

When you take the time to learn who your elected officials are and how their decisions affect your life, you become a part of the electoral process. You can then work to elect representatives who support the policies that matter most to you. Not all Americans exercise their right to vote, but every vote counts!

Who can register to vote?
Before you can vote in an election, you must be registered to vote. Any eligible person can register to vote in Iowa. An eligible person:
-- is a citizen of the United States
-- is a resident of Iowa
-- is at least 17 1/2 years old (18 years old by election day)
-- has not been convicted of a felony
-- is not currently judged to be "mentally incompetent" by a court
-- must not claim the right to vote in any other place

To be judged "mentally incompetent" by a court means that the individual's rights to make decisions have been limited by the court. Iowa law defines a "mentally incompetent person" as a person who has been "legally determined" to have severe or profound mental retardation, or a person who has been found incompetent due to mental illness through specific legal procedures. A court may find a person to be mentally incompetent only if that person's decision-making capacity is so impaired that the person is unable to care for his or her personal safety or attend to necessities of daily living such as food, shelter, clothing, and medical care. A person may have a guardian and still retain the right to vote. A court may grant the voluntary guardianship of a person for limited purposes without making a finding that the person is mentally incompetent.

Even if a person is judged to be mentally incompetent at some time, the court can later make a finding that the person is no longer incompetent, and restore that person's rights, including the right to vote. Because voting is a constitutional right granted to all citizens, it can only be withdrawn for very limited reasons, and then only if the required legal procedures have been followed.

How do I register to vote?
You can register to vote in person or by mail at any time. Registration involves filling out and signing a short application form that includes:

-- your name, address, and telephone number
-- your social security number, sex, and date of birth
-- the name of the county and school district where you live
-- the date and your signature indicating you meet the qualifications to vote
-- information about where you have previously been registered to vote

You may fill out the form yourself, ask someone to assist you in filling it out, or have someone else fill it out at your direction. You must sign the form yourself unless your disability prevents you from signing. In that case, you may have someone else sign it for you in your presence, or you may use a rubber stamp.

Where can I get a registration form?
Voter registration forms may be made available to the public by anyone who is interested in encouraging voter registration. The National Voter Registration Act, also known as the "Motor Voter" law, was passed by Congress in 1993 to encourage greater participation by people with disabilities in the political process. The Motor Voter law requires disability services agencies, state agencies, and groups such as centers for independent living, developmental disabilities agencies, and programs for people who are deaf or blind, to offer voter registration to the individuals who use their services.

Voter registration forms are generally available from:

-- the Office of the County Auditor (in your county seat)
-- the Office of the Iowa Secretary of State (in Des Moines)
-- Iowa Income Tax Booklets
-- many telephone directories
-- state agencies and programs serving people with disabilities

Where do I send my voter registration form?
Completed voter registration forms must be mailed to the County Auditor's office in the county where the voter lives. Your County Auditor's office will be listed in the government pages of your phone book. It is very important that once the form is filled out it is mailed promptly--it must be sent no later than Friday of the week the form is completed to be valid.

Where can I register to vote in person?
Many of the places which offer voter registration forms also accept the completed forms. You can register in person at:

-- your County Auditor's office
-- Iowa driver's license stations
-- public assistance agencies
-- agencies and offices that serve people with disabilities

When do I need to register?
You can register to vote at any time, but you must be registered at least 10 days before a primary or general election and at least 11 days before a local or special election to be eligible to vote in that election.

Once you have registered to vote, your registration stays in effect as long as you live in the same place. If you move within your county, you need to notify the County Auditor's office of your new address. If you move to a different county or to another state, you will need to fill out a new voter registration form at your new place of residence. You should receive a receipt or a voter registration card from your County Auditor's office within about two weeks after you register.

When are the different types of elections held?
Primary elections are held to choose the party candidates for general elections. Primaries are held on the first Tuesday after the first Monday in June of even-numbered years.

General elections are held to choose federal, state, and some local officials. General elections are held on the first Tuesday after the first Monday in November of even-numbered years.

City elections are held to choose city officials. City elections are held on the first Tuesday after the first Monday in November of odd-numbered years.

School board elections are held to choose local school board members. School board elections are held on the second Tuesday in September of each year.

Special elections are held when they are needed, usually to fill a vacancy in a public office between regular elections. Special elections are always scheduled on a Tuesday.

How do I find out where to vote?
You always vote at the "precinct polling place" where you live. Each voting precinct (or district) has a designated voting place. Before each election a list of the polling places and a sample ballot are printed in local newspapers. If you have a voter registration card, it will show your polling place. If you do not have a card, or you are uncertain where you need to go to vote, you can contact your County Auditor's office. Sample ballots are also posted at each polling place so voters can review the ballot before casting their votes.

Are all voting places accessible?
All voting places are required by federal law to be accessible to individuals with disabilities, although county auditors may apply for and receive exemptions for specific locations. If your particular voting site is not fully accessible to you, you may request needed accommodations, you may request to vote at an alternative site that is accessible, or you may cast your vote by absentee ballot. You may also ask for "curbside voting" at your regular polling place.

What is Curbside Voting?
Curbside voting is a little like drive-through dining. If you cannot get into the polling place because of a disability, you may request that precinct workers bring a ballot to your vehicle for you to complete. If you choose this option, you may want to call ahead or bring someone along to go into the polling place and let the precinct workers know you are ready to vote.

Can I get assistance in voting if I need it?
If you need help in marking the ballot, you may request assistance from the precinct workers, or you may bring someone along to help you. To protect your right to vote independently, the person assisting you may not be your employer, an agent of your employer, or an officer or agent of your union. It may be any other person you choose.

If you ask for voting assistance from the precinct workers, you will be helped by two workers--one from each political party. You will also be asked to sign a form showing that you requested help in casting your ballot.

What if I can't go to the polling place to vote?
If you cannot go to the polling place to vote on Election Day, you may request an "absentee ballot." Voting by absentee ballot simply means that you get a special ballot form to fill out before the day of the election. Your vote counts just the same whether you use an absentee ballot or go to the polling place.

How do I get an absentee ballot?
There are no special qualifications to vote by absentee ballot. Anyone may request an absentee ballot from the County Auditor's office by mail, by fax machine, or in person. You may complete a short form called "Application for Absentee Ballot," or you may send a letter requesting an absentee ballot to your County Auditor's office.

The request must include:

-- Your name
-- Your address as shown on your voter registration
-- The mailing address where you want the ballot to be sent
-- Your current address if it is different than the address on your voter registration
-- The name and date of the election
-- Your signature
-- Your political party if the election is a primary

A request for an absentee ballot may be made as early as ten weeks before an election, but the ballot is not required to be ready until 40 days before the election. If your request is made before the ballot is printed, it should be mailed to you as soon as it is ready. If your request is made after the ballot is printed, it should be mailed to you within 24 hours.

How do I cast my vote by absentee ballot?
You may return your absentee ballot to the County Auditor's Office by mail or in person. Ballots returned by mail must be postmarked before Election Day and received at least by noon on the Monday following the election. Ballots may also be taken to the Auditor's Office by the voter or by someone else. If the ballots are taken to the Auditor's Office, they must be delivered there before the polls close on Election Day.

Individuals who live in health care facilities or who are hospitalized at the time of an election may request an absentee ballot to be delivered to them by precinct election officials. If you receive an absentee ballot and then decide to vote at your polling place on Election Day, you must turn in the unused absentee ballot when you vote.

You can also vote by absentee ballot by going to your County Auditor's office before the day of the election. If you choose to go to the Auditor's office to get your absentee ballot, you cannot take the ballot home with you. You must fill it out there and leave it. County Auditor's offices are open on the Saturday before primary and general elections. You do not need a witness or a notary public to fill out any form for casting an absentee ballot in Iowa.

In addition to registering and voting, you may find you want to get more involved in the political process by going to local meetings, writing or talking to candidates who are running for office, or campaigning for candidates who share your concerns and support the issues you believe in.

JURY SERVICE

Participation in the Legal Process
Individuals to serve on juries are to be selected from a fair cross section of the population. Both federal and Iowa law prohibits individuals who are otherwise qualified from being excluded from jury service or from being considered for jury service on the basis of physical disability.

There are four minimum qualifications all individuals must meet to be eligible to serve on a jury in Iowa:

(1) An eligible person must be eighteen years of age or older.
(2) An eligible person must be a citizen of the United States.
(3) An eligible person must be able to understand the English language in a written, spoken, or manually signed form.
(4) An eligible person must be able to take in and evaluate information necessary to give satisfactory jury service.

Any person who meets these qualifications for jury service may not be excluded from jury service or from consideration for jury service because of a disability. Since one primary source for possible jurors is the voter registration list, registering to vote helps ensure that you are included in the random selection process for jury duty.

OPEN MEETINGS

Access to Governmental Bodies
Iowa law requires that most meetings of "governmental bodies" be open to the public, so that both the decisions made by those bodies and the reasons for those decisions are easily accessible to people.

What is considered a "governmental body"?
A "governmental body" includes:

-- a board, council, commission, or other body created by state law or executive order (For example: the Iowa Commission for the Blind, or the Council on Human Services)
-- a board, council, commission, or other body of a political subdivision (For example: a county board of supervisors, a city council, or a school board)
-- a group created by a board, council, or commission such as those described above (For example: a city council might appoint a commission to study the need for traffic lights)
-- an advisory board or task force created by the governor or the legislature to make recommendations on public policy issues (For example: the legislature might pass a bill creating a task force to study and report on the need for community based disability services in the state)

What are the open meetings requirements?
These types of governmental bodies are required to:
(1) give public notice prior to meetings,
(2) hold all meetings in open session unless a specific exception to the open meeting requirement applies, and
(3) keep minutes of all meetings and make the minutes of all open sessions available for public inspection.

How must governmental bodies give public notice?
Public notice of a meeting is required to be given at least 24 hours before the meeting and must include:
-- the time of the meeting,
-- the date of the meeting,
-- the place of the meeting,
-- and enough information to reasonably inform people of the purpose for the meeting and the subjects to be discussed.

A notice is to be posted at a designated bulletin board at the office of the body holding the meeting, or if no such office exists, at the building where the meeting will be held. Members of the news media who have filed a request for notice are also to be informed. Often announcements of public meetings will be published in local newspapers.

Meetings must be held at a place reasonably accessible to the public and at a time reasonably convenient to the public unless there is good cause to do otherwise. The Americans with Disabilities Act requires that the activities and services of state and local governments be open to people with disabilities. If requested, accommodations or special access to meetings may be granted to persons with disabilities.

What are the exceptions to the open meetings requirement?
Governmental bodies are required to hold all meetings in open session unless a specific exception to the open meeting requirement applies. A closed session may be held only when necessary for one of the following reasons:

-- to review or discuss records which are required to be kept confidential
-- to discuss or conduct a hearing to expel or suspend a student from school
-- to discuss the decision in a contested case hearing (such as the decision on an appeal from the denial of services)
-- to discuss legal matters concerning litigation with their attorney when there is some pending legal action
-- for licensing or examining boards, to discuss licensing examinations or disciplinary investigations
-- to avoid disclosing specific law enforcement matters which would enable people who violate the law to avoid being detected or which would make legal requirements difficult to enforce
-- to evaluate the professional competency of an individual in making personnel decisions
-- to discuss the purchase of real estate if disclosure might increase the price of the property
-- to discuss application for letters of patent

When the subject of the meeting involves confidential information about a consumer of disability services or a student disciplinary matter, closed sessions are appropriate to protect the confidentiality of personal information about the individuals involved. An individual whose health records or other personal information are the subject of a meeting always has the right to request that such a meeting be closed.

What records of open meetings are groups required to keep?
Each governmental body must keep minutes of its meetings. The minutes must show the date, time, and place of the meeting, the members present, and the action taken. The minutes must also include the results of each vote taken and enough information to show how each member present voted. The minutes of open sessions are public records and are open to public inspection.

SERVICE ON PUBLIC BOARDS AND COMMISSIONS

Participation in Policy-making
Individuals with disabilities have the same right to serve on public boards, commissions, councils, and advisory committees as individuals without disabilities. The ADA and other laws require accessibility and necessary accommodations for the participation of people with disabilities. There are many state, regional, and local groups throughout the state which are working to address public policy issues of interest to all Iowans, as well as groups addressing issues which are of special interest to Iowans with disabilities.

Participation by individuals who have personal experience with the disabilities services system is particularly valuable to groups responsible for evaluating current policies and planning for the future of disability services in Iowa. Planning committees for the county management planning process, school boards, fair housing commissions, and local development boards are just a few examples of these types of groups.

A Final Note on Participation and Self-Advocacy
Information is an important tool in self-advocacy. The information in this Guide is intended to help you participate effectively in a wide range of decision-making activities that affect your life and your child's life.

Communication is an equally important tool for effective participation. The better your communication skills, the better self-advocate you will be. Whether you speak, write, or use some other form of communication, you need to be able to make your opinions, needs, and desires clear to others. You also need to be open to the views of others and to gain an understanding of the way they see things. Most of all, you need to be able to work cooperatively with people to solve problems--even when you do not agree.

Working constructively with people from different backgrounds, with different skills and different opinions isn't always easy, but it is well worth the effort. Participation is for everyone.

Know your rights.
Accept your responsibilities.
Make your voice heard.
Participate.
You can make a difference!

"Empowerment is giving people the tools they need to be independent, to make their own choices, to take control of their own lives."-- Mark Smith