RSA-509 for FY-2016: Submission #95

State name Massachusetts

Report through date 9/30/2016

General Information

Designated Agency Identification

Name Disability Law Center

Address 11 Beacon Street Suite 925

Address 2 {Empty}

City Boston

State {Empty}

Zip Code 2108

E-mail Address mail@dlc-ma.org

Website Address http://www.dlc-ma.org

Phone (617) 723-8455

TTY Phone {Empty}

Toll-free Phone (800) 872-9992

Toll-free TTY Phone {Empty}

Fax (617) 723-9125

Name of P&A Executive Director Christine M. Griffin

Name of PAIR Director/Coordinator Christine M. Griffin

Person to contact regarding report Christine M. Griffin

Contact Person phone (617) 723-8455

Contact Person phone ext 146

Part I. Non-Case Services

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

1. Individuals receiving I&R within PAIR priority areas 48

2. Individuals receiving I&R outside PAIR priority areas 5625

3. Total individuals receiving I&R (lines A1 + A2) 5673

B. Training Activities

1. Number of trainings presented by PAIR staff 21

2. Number of individuals who attended training (approximate) 2000

Training DLC staff provided a significant number of trainings for advocates and the disability community throughout the year. DLC provided trainings on issues such as employment, public accommodations, and access to services (particularly in medical as well as special education and the need to provide transition services. The first training we would like to highlight was a training on housing laws in Massachusetts and the rights of tenants with disabilities. At this daylong training hosted by the DLC, we provided a basic overview and description of who is protected under the primary housing laws, what a reasonable accommodation is and how to request it, what a reasonable modification is, the different types of evictions and the eviction process, as well as resources for housing searches and service agencies. This training had over 100 attendees, most of them people with disabilities or service providers for people with disabilities.Another training DLC presented at was at the COPAA conference. DLC staff provided a training focusing on language access for Deaf/Hard of Hearing children as well as Deaf/Hard of Hearing parents in an educational setting. The training provided an overview of applicable federal laws, DOJ action, current litigation across the country, and litigation strategy. DLC staff developed a white paper for this presentation that was disseminated during the conference to approximately 550 attendees and available as a resource to COPAA members.

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C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff 6

2. Newspaper/magazine/journal articles 18

3. PSAs/videos aired 1

4. Hits on the PAIR/P&A website 35976

5. Publications/booklets/brochures disseminated 42

6. Other (specify separately) 60

Narrative DLC staff provide technical assistance to service providers and professionals on a variety of disability related topics, many of them including information about individual rights and disability law.

Part II. Individuals Served

A. Individuals Served

1. Individuals still served as of October 1 (carryover from prior FY) 28

2. Additional individuals served during the year 81

3. Total individuals served (lines A1 + A2) 109

4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.) 23

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 18

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility 1

2. Employment 50

3. Program access 10

4. Housing 31

5. Government benefits/services 4

6. Transportation 0

7. Education 17

8. Assistive technology 4

9. Voting 0

10. Health care 11

11. Insurance 0

12. Non-government services 1

13. Privacy rights 0

14. Access to records 0

15. Abuse 2

16. Neglect 1

17. Other 0

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor 95

2. Other representation found 0

3. Individual withdrew complaint 2

4. Appeals unsuccessful 0

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 8

Please explain No capacity

E. Intervention Strategies Used in Serving Individuals

1. Technical assistance in self-advocacy 2

2. Short-term assistance 66

3. Investigation/monitoring 0

4. Negotiation 44

5. Mediation/alternative dispute resolution 2

6. Administrative hearings 0

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 2

2. 5 - 22 17

3. 23 - 59 72

4. 60 - 64 5

5. 65 and over 13

B. Gender of Individuals Served

1. Females 65

2. Males 44

C. Race/Ethnicity of Individuals Served

1. Hispanic/Latino of any race 14

2. American Indian or Alaskan Native 2

3. Asian 1

4. Black or African American 9

5. Native Hawaiian or Other Pacific Islander 0

6. White 82

7. Two or more races 1

8. Race/ethnicity unknown 0

D. Living Arrangements of Individuals Served

1. Independent 66

2. Parental or other family home 32

3. Community residential home 0

4. Foster care 0

5. Nursing home 2

6. Public institutional living arrangement 0

7. Private institutional living arrangement 0

8. Jail/prison/detention center 1

9. Homeless 4

10. Other living arrangements 0

11. Living arrangements not known 4

E. Primary Disability of Individuals Served

2. Deaf/hard of hearing 25

4. Orthopedic impairment 19

5. Mental illness 7

6. Substance abuse 0

7. Mental retardation 0

8. Learning disability 6

9. Neurological impairment 15

10. Respiratory impairment 9

11. Heart/other circulatory impairment 4

12. Muscular/skeletal impairment 12

13. Speech impairment 0

14. AIDS/HIV 1

15. Traumatic brain injury 1

16. Other disability 7

Part IV. Systemic Activities and Litigation

A. Systemic Activities

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

2. Number of individuals potentially impacted by policy changes 100000

Describe your systemic activities. Access to Accessible Ride SharingDLC has been working with the disability community, disability advocacy organizations, and Uber on increasing access for people with disabilities in using the ride sharing platform. Transportation options for people with disabilities are dramatically changing and it is important that the disability community be involved in the shaping of the ride sharing platform in order to make it accessible for all people with disabilities as riders and drivers. This past fiscal year, DLC (along with Uber, an independent living center, and an organization of disability rights activists) hosted two forums focused on obtaining feedback from a wide spectrum of cross-disability advocates. For these particular forums, conversations focused on providing access for riders and drivers who are Deaf, blind, or use mobility devices. A large community forum is being planned that will take place in FY 17 to focus on obtaining specific information from the public. This work is ongoing.In addition to the forums we organized and held with the community, DLC staff worked to ensure that a pilot program offered by the MBTA Paratransit program offering an option of using UBER or LYFT instead of traditional paratransit options would ensure full access for anyone eligible for paratransit if they choose an on demand transportation option. This pilot will be monitored closely for access compliance by DLC staff.

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts 50000

2. Number of individuals named in class actions 4

Describe your litigation/class action activities. DLC is one of four legal organizations that have filed two class action lawsuits against MIT and Harvard on behalf of individuals who are Deaf and hard of hearing who require captioning of videos in order to participate in what colleges and universities offer to the public as well as what they offer for online courses. This case survived a motion to dismiss and will proceed throughout the next fiscal year.

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 HOUSING1.DLC will accept a limited number of cases focusing on reasonable accommodations in housing, evictions related to a persons disability, subsidy terminations related to a persons disability, and stay of evictions for non-renewal of leases or no-fault evictions.2.Access to housing is a significant barrier to community integration for individuals with disabilities and their families3.Successful outcomes are measured by individual legal representation resulting in individuals with disabilities retaining their housing with the appropriate supports and services to be able to live as independently as possible.4.This priority does not involve collaborative efforts with other entities with PAIR funds.5.30 cases6.Anna came to DLC through a referral by an attorney she was working with through a Medical-Legal Partnership program at a local hospital. Anna has respiratory disabilities and was experiencing various medical issues related to her mold apartment and was also having issues with the accessibility of her apartment, but because Anna did not have a mobile section 8 voucher she was facing obstacles in requesting a transfer as a reasonable accommodation.DLC met with Anna at her home. Anna showed evidence of the extreme humidity and past flooding in her apartment that caused mold to grow on the furniture and dÉcor. Anna explained to DLC that she did not feel respected by the property manager of her apartment development and that her own self-advocacy had not been effective.DLC agreed to represent Anna in working with her management company to get an apartment that was more accessible for Annas needs and did not have mold that would exacerbate her respiratory disability. After negotiations with the management company and combating their extreme delays, the management company offered Anna to look at an available accessible unit less than a block away from where she was living. Anna liked the apartment and expressed her desire to live there. DLC worked with the management company to ensure a smooth transfer for Anna to her new apartment that, as an unexpected bonus, has a lower rent. Anna is very happy with her new apartment.EMPLOYMENT1.DLC will accept a limited number of employment cases that focus on reasonable accommodations in employment and termination due to disability discrimination.2.This priority addresses the lack of employment opportunities for people in the disability community. Obtaining and maintaining employment of people with disabilities not only impacts their net worth, but self-worth as well.3.Indicators of success in employment cases are the individual with a disability obtaining/maintaining employment.4.Successful outcomes are measured by individual legal representation resulting in obtaining or maintaining employment with the necessary supports and services needed to be able to do the essential functions of the job.5.49 cases6.Dan has been working for the U.S. postal service for over a decade. Wi

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 COMMUNITY INTEGRATIONNeed: There are more than 25,000 individuals with disabilities living in what DLC would consider an institutional setting despite the numerous waivers and other programs available in Massachusetts. Many of these individuals could live in the community successfully with the appropriate supports and services. These individuals have the right under the ADA Least Restrictive Environment standard and the Olmstead decision to live in an integrated setting in the community.Activities: DLC will take a limited number of cases involving issues that violate community integration under the Olmstead decision and the Least Restrictive Environment standard.EDUCATIONNeed: There are approximately 964,000 students with disabilities age 3-22 years old in Massachusetts. Consistent with DLCs mission, DLC wants to keep these students in school receiving a free and appropriate education with the supports and services they need in the least restrictive environment that is suitable for them.Activities: DLC will provide representation in cases where a student receiving special education services is being excluded from school due to excessive or inappropriate discipline. DLC will provide representation in cases where a student has been denied special education eligibility and services that result in excessive or inappropriate discipline. DLC will accept cases to obtain appropriate programs and services for students who are Deaf and Hard of Hearing. DLC will accept up to 5 cases representing students who are currently in a hospital and/or have spent a substantial amount of time in a hospital recently and are seeking a less restrictive educational program. DLC will represent students who are seeking a less restrictive school placement. DLC will accept cases here a student has been abused or neglected at school.EMPLOYMENTNeed: There are approximately 750,000 non institutionalized people with a disability in Massachusetts which is 11.7% of the total population. 70% are not in the labor force at all. Of those working, 40% earn less than $15,000 annually and that percentage increases to more than 50% in rural communities.Activities: DLC will accept reasonable accommodation and termination cases that focus on the systemic nature of the case and the possible widespread impact a favorable outcome might have.GOVERNMENT SERVICESNeed: Government services have the ability to impact the lives of most people in the disability community throughout the Commonwealth. Many people with disabilities rely on state government and government agencies to obtain the services they need to live safely and independently in the community. Based on the calls we receive and the input we have received at various public forums, people with disabilities want the state agencies they rely on to provide them with their choice of services once they are found eligible. Children with complex medical needs continue to face challenges in obtaining services because of the rate paid by

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

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Certification

Signed

Signed? Yes

Signed by Christine M Griffin

Title Executive Director

Signed date Thu, 12/29/2016 - 00:00

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