RSA-509 for FY-2016: Submission #77

State name Puerto Rico

Report through date 9/30/2016

General Information

Designated Agency Identification

Name PERSONS WITH DISABILITIES PROTECTION AND ADVOCACY

Address PO BOX 41309

Address 2 {Empty}

City SAN JUAN

State {Empty}

Zip Code 940

E-mail Address cbonilla@dpi.pr.gov

Website Address http://www.oppi.pr.gov

Phone (787) 721-4299

TTY Phone (787) 725-4012

Toll-free Phone (800) 981-4125

Toll-free TTY Phone (787) 725-4012

Fax (787) 721-2455

Name of P&A Executive Director Cora Arce

Name of PAIR Director/Coordinator Gabriel Esterrich

Person to contact regarding report Coralis Bonilla

Contact Person phone (787) 725-2333

Contact Person phone ext 2045

Part I. Non-Case Services

A. Individual Information and Referral Services (I&R)

1. Individuals receiving I&R within PAIR priority areas 4046

2. Individuals receiving I&R outside PAIR priority areas 656

3. Total individuals receiving I&R (lines A1 + A2) 4702

B. Training Activities

1. Number of trainings presented by PAIR staff 232

2. Number of individuals who attended training (approximate) 5212

Training PAIR advocates offered 182 workshops and training about the rights that protect persons with disabilities. Each one included the following information: Self-advocacy, Special Accommodations, Accessible Transportation, Accessibility Guidelines, ADA provisions, Equal Treatment toward Persons with Disabilities, and PAIR provisions. The main purpose of these trainings is to promote a society without physical barriers. PAIR provide information about the importance of accessible transportation systems and paratransit. Other topic discussed was employment and reasonable accommodations rights. In education we offered trainings about section 504 and special accommodations. PAIR advocates provided 50 workshops and trainings to parents of students, who have not been registered under the Special Education Program, but require services under Section 504 of the Vocational Rehabilitation Act. The methods that we used to provide the information was through Power Point presentations, videos, written information (hardcopy or email handouts) and personal meetings with the clients. The purpose of each workshop/training was to create awareness about the rights of individuals with disabilities, to services providers, family and guardians, policy makers, and general public. One of the main purposes of the program is to promote Self-Advocacy, as a tool to educate about the rights of each individual with disabilities, ADA Act, accessible transportation, and the Accessibility Guidelines to eliminate physical barriers from public and private facilities. By emphasizing Self-Advocacy PAIR encourage individuals with disabilities to have self-determination, and incorporate to society independently.

testarea {Empty}

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff 39

2. Newspaper/magazine/journal articles 14

3. PSAs/videos aired 0

4. Hits on the PAIR/P&A website 14261

5. Publications/booklets/brochures disseminated 1751

6. Other (specify separately) 0

Narrative PAIR advocates outreach information through written media, internet, television, and radio communications, in 53 different occasions of the requested 50 (106% effectiveness)

Part II. Individuals Served

A. Individuals Served

1. Individuals still served as of October 1 (carryover from prior FY) 356

2. Additional individuals served during the year 138

3. Total individuals served (lines A1 + A2) 494

4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.) 40

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 306

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility 185

2. Employment 81

3. Program access 2

4. Housing 1

5. Government benefits/services 134

6. Transportation 19

7. Education 26

8. Assistive technology 10

9. Voting 0

10. Health care 5

11. Insurance 0

12. Non-government services 5

13. Privacy rights 55

14. Access to records 0

15. Abuse 2

16. Neglect 2

17. Other 6

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor 154

2. Other representation found 0

3. Individual withdrew complaint 6

4. Appeals unsuccessful 19

5. PAIR Services not needed due to individual's death, relocation etc 0

6. PAIR withdrew from case 0

7. PAIR unable to take case because of lack of resources 0

8. Individual case lacks legal merit 9

9. Other 0

Please explain {Empty}

E. Intervention Strategies Used in Serving Individuals

1. Technical assistance in self-advocacy 4

2. Short-term assistance 17

3. Investigation/monitoring 67

4. Negotiation 53

5. Mediation/alternative dispute resolution 13

6. Administrative hearings 34

7. Litigation 0

8. Systemic/policy activities 0

Part III. Statistical Information on Individuals Served

A. Age of Individuals Served as of October 1

1. 0 - 4 5

2. 5 - 22 41

3. 23 - 59 336

4. 60 - 64 37

5. 65 and over 75

B. Gender of Individuals Served

1. Females 237

2. Males 257

C. Race/Ethnicity of Individuals Served

1. Hispanic/Latino of any race 494

2. American Indian or Alaskan Native 0

3. Asian 0

4. Black or African American 0

5. Native Hawaiian or Other Pacific Islander 0

6. White 0

7. Two or more races 0

8. Race/ethnicity unknown 0

D. Living Arrangements of Individuals Served

1. Independent 401

2. Parental or other family home 83

3. Community residential home 0

4. Foster care 0

5. Nursing home 0

6. Public institutional living arrangement 8

7. Private institutional living arrangement 0

8. Jail/prison/detention center 1

9. Homeless 1

10. Other living arrangements 0

11. Living arrangements not known 0

E. Primary Disability of Individuals Served

2. Deaf/hard of hearing 17

4. Orthopedic impairment 254

5. Mental illness 20

6. Substance abuse 0

7. Mental retardation 3

8. Learning disability 9

9. Neurological impairment 48

10. Respiratory impairment 15

11. Heart/other circulatory impairment 35

12. Muscular/skeletal impairment 29

13. Speech impairment 14

14. AIDS/HIV 1

15. Traumatic brain injury 0

16. Other disability 15

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities 3

2. Number of individuals potentially impacted by policy changes 231376

Describe your systemic activities. Policy Change:PAIR advocates worked with the accessibility issues that confronted many individuals with disabilities in Puerto Rico. Many of the problems that challenge the disabilities population are not only related with physical or mental impairment, the constant changes in infrastructure, physical barriers, lack of transportation, lack of services, limit access to public and private areas, and employment policies, limit their opportunities to be independent and involve in the community. For this reason, PAIR advocates promoted the rights of persons with disabilities, ADA ACT, and other policies that provide equal treatment, opportunities and accessibility to all the society.Practices Changed:PAIR advocates assure accessibility complying, by performing ocular inspections. The program made ocular inspections and monitories in facilities of public access, for example the public and/or private transportation collective system and paratransit. All the ocular inspections and monitories were performed based on accessibility provisions according to the 2010 ADA Standards for Accessible Design, and the provisions in titles II and III of ADA.SYSTEMIC CHANGEGuaynabos Paratransit System (Cases SJ-2016-01-0093)On January 28, 2016, PAIR received a complaint of a person with mobility disabilities that used Guaynabo Paratransit and Trolley System. The client, a person with mobility disabilities, claims that she was in the bus station, waiting for the bus ride. After a long waiting time, when the Guaynabo Paratransit and Trolley System bus came to the bus station, the driver said that the electric ramp was available only for persons in wheelchair, as she had an invisible mobility disability, the driver did not use the ramp and left her there. The same day PAIR advocate received the complaint, and immediately notified by phone to the Transportation Department of Guaynabo County. In the conversation they agree to make a monitoring of the Paratransit/Trolley System.As part of the agreements, PAIR advocates coordinated workshops and training to drivers (some of them with disabilities), supervisors (Guaynabo Paratransit and Trolley System), the Guaynabo Police Departments police officers and all the employees of the Transportation Department of Guaynabo County. On these workshops, held on January of 2016, PAIR advocates educated about:1.PAIR and ADA provisions regarding accessibility in transportation services.2.Equal treatment for persons with disabilities,3.The use of electric and manual ramps for persons with mobility disabilities, not just for persons that use wheelchairs.On January 29, 2016, PAIR advocates performed a monitoring to Guaynabo Paratransit and Trolley System. We made ocular inspections to 15 bus units of the System. The purpose was to verify the vehicles and their equipment, especially the adapters for persons with disabilities, and identified any miss function required to provide full accessibility. We found some miss functions

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts 0

2. Number of individuals named in class actions 0

Describe your litigation/class action activities. Although our Agency presented an accessibility claim in June 2006 against San Juan Municipality, Department of Transportation, Administration of Permits and Regulations, and the Police Department, it is our understanding that this claim is in the bargaining stage in order to arrive to a settlement agreement. We are still awaiting the final settlement agreement.

Part V. PAIR'S Priorities and Objectives

A. Priorities and Objectives for the Fiscal Year Covered by this Report

For each of your PAIR program priorities for the fiscal year covered by this report, please:

Identify and describe priority.
Identify the need, issue or barrier addressed by this priority.
Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.
Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.
Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions.
Provide at least one case summary that demonstrates the impact of the priority.

Priorities and Objectives A.Priorities and Objectives for the Fiscal Year Covered by this Report:Priority #11.Identify and describe the priority. Continue to provide protection and advocacy services to protect and defend the rights of people with disabilities.2.Identify the need, issue or barrier addressed by this priority. Is important to provide direct services to protect and defend the rights of persons with disabilities in the areas of accessibility, reasonable accommodation, access to government services and benefits, transportation, education, and technological assistance. Is a constant need to offer protection and advocacy services to individuals with disabilities3.Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.Objective 1.1 -Provide protection and advocacy services to individuals with disabilities in the areas of access to government services and benefits, reasonable accommodation in employment, and education services. Goal: 305 individualsObjective 1.2 - Provide technical assistance to persons with disabilities in the areas of transportation and technological assistance. Goal: 260 assistances4.Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. This priority involved collaborative efforts with other entities, the government agencies worked with us as part of the Bill of Rights of 2004. This Act established among other things, the designation of an Official Link (a person responsible of the enforcement of the law) in each agency.5.Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. None of the cases included class actions.Cases HandledPriorityNumber of Cases1. Architectural accessibility 3.1, 3.41852. Employment 1.1, 5.3 813. Program access 1.1 24. Housing 1.1, 4.1 15. Government benefits/services 1.11346. Transportation 1.2197. Education 3.3, 5.2268. Assistive technology 1.2, 3.2109. Voting 0 010. Health care 1.1 511. Insurance 0 012. Non-government services 1.1 513. Privacy rights 1.15514. Access to records0 015. Abuse 1.1 216. Neglect 1.1 217. Other 1.1 6Total5331.1 During FY 2016, PAIR advocates protected and defended the rights of 138 new individuals. PAIR continues providing services to 356 individuals of previous fiscal years, for a total of 494 of the required 305, 162% effectiveness.1.2 PAIR provided 341 technical assistance in 2016 Fiscal year, of the required 260, 131% effectiveness.6. Provide at least one case summary that demonstrates the impact of the priority.On July 13, 2016, a person with disabilities filed a complaint NO-PAIR-2016-07-0154 against the Public Housing Administration, requesting the P&A assistance to make accessible his apartment, because the entrance have a step and the bath was inaccessible. The person claims that due the inaccessibility, he could

B. Priorities and Objectives for the Current Fiscal Year

Please include a statement of priorities and objectives for the current fiscal year (the fiscal year succeeding that covered by this report), which should contain the following information:

a statement of each prioirty;
the need addressed by each priority; and;
a description of the activities to be carried out under each priority.

B. Priorities and Objectives for the Current Fiscal Year B.Priorities and Objectives for the Current Fiscal Year:Please include a statement of priorities and objectives for the current fiscal year (the fiscal year succeeding that covered by this report), which should contain the following information:1. A statement of each priority; Promote systemic change that will result in improved access to services and inclusion of persons with disabilities in work, educational and social environments.Priorities and Objectives of the Work Plan - PAIR 2017Priority 1: Provide protection and advocacy services to protect and defend the rights of persons with disabilities. Cases, Information and Referral Services.Objective 1.1Provide protection and advocacy services to individuals with disabilities in areas of employment, transportation, education and government services.Activities:A.Solve opened individual complaints (306 Individuals with Open cases on September 30, 2016)B.Open complaints of individuals with disabilities regarding areas of PAIRObjective 1.2A.Individuals receiving I&R within PAIR's priority areasGoal 2,000B.Individuals receiving I&R outside PAIR priority areasGoal 500Priority # 2 - Work on systematic changes that result in greater inclusion and integration of the daily life of persons with disabilities.Objective 2.1 Accessibility in public areas - Provide accessibility by eliminating physical barriers through ocular inspections, monitories and technical assistance recommendations to private entities, non-governmental organizations and government agencies.Activities:A.Follow up accessibility of sidewalks inspected in previous years, most of them were being blocked or are inaccessible for free pedestrian traffic of persons with disabilities. Establish a MOU, with the Department of Transportation and Public Infrastructure.B.Provide technical assistance to counties in order to eliminate physical barriers. Ocular inspections to urban centers. Goal 10 countiesC.Verify accessibility of locations serving as primary shelters for emergencies. Goal 10D.Investigate reasonable accommodations and accessibility in film, and private theaters. Goal 10Objective 2.2 Transportations Services - Provide accessible transportation services, free movement by eliminating physical barriers through ocular inspections, monitories, and technical assistance recommendations to private entities, non-governmental organizations and government agencies.Activities:A.Monitoring the public collective transportation system (Metropolitan Authority Autobuses) Goal 1B.Monitoring the private collective transportation system (First Transit) regarding technological assistance and security provided at the time of providing the service. Goal 1C.Provide technical assistance in the areas of transportation (Trolley's, and Paratransit). Goal 8D.Contact and educate policy-makers of new technology transportation services regarding Accessible Transportation (UBER). Establish a MOU.Priority # 3 - Education is an ess

Part VI. Narrative

Narrative

At a minimum, you must include all of the information requested. You may include any other information, not otherwise collected on this reporting form that would be helpful in describing the extent of PAIR activities during the prior fiscal year. Please limit the narrative portion of this report, including attachments, to 20 pages or less.

The narrative should contain the following information. The instructions for this form outline the information that should be contained in each section.

Sources of funds received and expended
Budget for the fiscal year covered by this report
Outline the budget for the fiscal year covered by the report (prior fiscal year), as well as a projection for the current fiscal year. Be sure to include a breakdown of dollars expended/allotted for: administrative costs (i.e., personnel salaries, equipment, etc.); services to individuals; and other expenses (i.e., staff training, travel, etc.)
Description of PAIR staff (duties and person-years)
Involvement with advisory boards (if any)
Grievances filed under the grievance procedure
Coordination with the Client Assistance Program (CAP) and the State long-term care program, if these programs are not part of the P&A agency

part_vi_rsn {Empty}

Certification

Signed

Signed? Yes

Signed by Coralis Bonilla-AvilÉs

Title Mrs.

Signed date Fri, 12/30/2016 - 00:00

OMB Notice

OMB Control Number: 1820-0627, approved for use through 07/31/2023

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number. Public reporting burden for this collection of information is estimated to average 16 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond to this collection is required to obtain or retain a benefit (Section 13 of the Rehabilitation Act, as amended). Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to U.S. Department of Education, Washington, D.C. 20202-4537 or email ICDocketMgr@ed.gov and reference the OMB Control Number 1820-0627. Note: Please do not return the completed form to this address.