|Name||Arizona Center for Disability Law|
|Address||5025 East Washington Street|
|Address Line 2||Suite 202|
|Address Line 2|
|Name of CAP Director/Coordinator||John Gutierrez|
|Person to contact regarding report||John Gutierrez|
|Contact Person Phone||602-274-6287|
Multiple responses are not permitted.
|1. Information regarding the vocational rehabilitation (VR) program||100|
|2. Information regarding independent living programs||13|
|3. Information regarding American Indian VR Service projects||3|
|4. Information regarding Title I of the ADA||74|
|5. Other information provided||15|
|6. Information regarding CAP||36|
|7. Total I&R services provided (Lines A1 through A6)||241|
|1. Number of training sessions presented to community groups and public agencies.||7|
|2. Number of individuals who attended these training sessions.||177|
|3. Describe training presented by the staff. Include the following information:|
Describe the agency's outreach efforts to previously un-served or underserved individuals including minority communities.
On October 17, 2015, a CAP Advocate provided information at a vendor table at the Sierra VisAbility Day in Sierra Vista, AZ, a rural area in Arizona. 25 individuals were provided information on CAP and ACDL services.
On February 12, 2016, CAP attended and provided information at a vendor table at the 5th Annual African American Conference on Disabilities in Phoenix, AZ. This conference was attended by approximately 235 individuals. At the Conference, a CAP Advocate also provided a presentation entitled, Your Rights as an Applicant or Client of VR.
On March 3, 2016, several Center staff provided information at a vendor table at the Native American Disability Summit held in Phoenix, AZ. Approximately 100 individuals were provided information on CAP and ACDL services.
In August 2016, the Center’s Executive Director traveled to several un-served, underserved areas in Arizona: Bullhead City and Flagstaff. The trainings on laws that apply to persons with disabilities were held in conjunction with public forums regarding our priorities for FY 17, including CAP. 19 individuals attended these two trainings.
On September 17, 2016, a CAP Advocate presented at the Latino Summit & Resource Fair. The presentation was entitled, Your Rights as an Applicant or Client of VR. 20 individuals attended the presentation.
Short-Team Assistance Team
The Center utilizes a centralized intake system known as the Short-Term Assistance Team (STAT). STAT staff initially receives all requests for assistance, including CAP issues. Our STAT is staffed by trained advocates under the direction and supervision of the Director of Information and Referral (I&R). CAP Advocates have provided training to STAT staff so they can provide callers with information and referral assistance, a brief service, or short-term technical assistance at the time of their initial call to the Center. Annually, CAP Advocates conduct training sessions for the STAT to acquaint them with new issues relating to the CAP program which will, in turn, assist them in conducting initial interviews. Once STAT staff has conducted these initial interviews, cases are assigned to CAP Advocates for further advocacy services.
Center Self-Advocacy Guides
The Center disseminates 19 Self-Advocacy Guides on topics related to vocational rehabilitation rights and Title I of the Americans with Disabilities Act. CAP callers can view or download the guides from the Center’s website. The guides are available on the Center’s website 24 hours a day, seven days a week, thus facilitating outreach to our clients statewide. The majority of our callers indicated that they have access to our website and prefer obtaining copies of our materials via the internet rather than through the mail.
In Fiscal Year 2016, Center staff added an additional guide entitled, Information on How Vocational Rehabilitation Determines Priority Category Placement for Order of Section (OSS). This guide explains the three Priority Categories and how VR staff determine functional limitations and service needs.
A new brochure entitled, Finding the Job Developer that Works for YOU! was also created for clients of Vocational Rehabilitation. This brochure provides some quick tips to choose the right job developer and how to handle disputes when VR does not provide you with a list of job developers or let you work with the one you chose.
The following guides relating to the CAP are available from the Center: — An Overview of the Employment Protections of the Americans with Disabilities Act — How to Enforce Employment Rights under the Americans with Disabilities Act — The ADA and the Job Applicant: Recruitment, Applications and Interviews — The ADA and the Reasonable Accommodations — Drug and Alcohol Testing under the Americans with Disabilities Act — The ADA and Medical Examinations — The ADA and Confidentiality of Medical Information — The ADA and Disability-Related Harassment — Summary of Vocational Rehabilitation Rights: Eligibility for Services — Summary of Vocational Rehabilitation Rights: Evaluations — Summary of Vocational Rehabilitation Rights: Individual Plan for Employment (IPE) — Summary of Vocational Rehabilitation Rights: Vocational Rehabilitation Services — Your Appeal Rights for Disputes about Vocational Rehabilitation Services — A Summary of Your Vocational Rehabilitation Rights: Assistive Technology and Services
The Center provides guides in alternate formats such as plain language to accommodate our clients who may have cognitive disabilities or a lower reading level or difficulty with English. The Center has a total of 17 self-advocacy guides written in plain language. The following guides relating to the CAP are listed below:
— How to File a Charge When You’ve Been Treated Unfairly — Making Your Job Work for You — Have You Been Treated Unfairly at Work? — Getting a Job When You Have a Disability — How the ADA Protects Your Medical Information at Work
The Center also has 16 of our guides translated into Spanish. All of our guides are available on our website and in additional alternative formats by request. All of our intake information materials have been translated into Spanish and are available at our conferences, trainings, and on our website. We have also translated surveys, training materials, and grievance procedures into Spanish.
For each method of dissemination, enter the total number of each method used by your agency during the reporting period to distribute information to the public. For publications/booklets/brochures (item 4), enter the total number of documents produced. Agencies should not include website hits. See instructions for details.
|1. Agency Staff Interviewed or Featured on Radio and TV||0|
|2. Articles about CAP Featured in Newspaper/Magazine/Journals||0|
|3. PSAs/Videos Aired about the CAP Agency||0|
|4. Publications/Booklets/Brochures Disseminated by the Agency||3103|
|5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc.||20|
|6. Other (specify below)|
Describe the various sources and information disseminated about your agency by an external source.
An individual is counted only once during a fiscal year. Multiple counts are not permitted for Lines A1-A3.
|1. Individuals who are still being served as of October 1 (carryover from prior year)||38|
|2. Additional individuals who were served during the year||84|
|3. Total individuals served (Lines A1+A2)||122|
|4. Individuals (from Line A3) who had multiple case files opened/closed this year (In unusual situations, an individual may have more than one case file opened/closed during a fiscal year. This number is not added to the total in Line A3 above.)||2|
|5. Individual still being served as of September 30 (Carryover to next year. This total may not exceed Line A3.)||56|
Multiple responses permitted.
|1. Individual requests information||0|
|2. Communication problems between individual and VR counselor||25|
|3. Conflict about VR services to be provided||65|
|4. Related to VR application/eligibility process||14|
|5. Related to assignment to order of selection priority category||8|
|6. Related to IPE development/implementation||10|
|7. Related to independent living services||2|
|8. Other Rehabilitation Act-related problems||0|
|9. Non-Rehabilitation Act related||0|
|10. Related to Title I of the ADA||0|
(Choose one primary service the CAP provided for each closed case file. There may be more case files than actual individuals served.)
|1. Short Term Technical Assistance||33|
|4. Mediation and other methods of Alternative Dispute Resolution||1|
|5. Administrative / Informal Review||1|
|6. Formal appeal / Fair Hearing||0|
|7. Legal remedy / Litigation||0|
(Choose one primary reason for closing each case file. There may be more case files than the total number of individuals served.)
|1. All issues resolved in individual's favor||37|
|2. Some issues resolved in individual's favor (when there are multiple issues)||18|
|3. CAP determines VR agency position/decision was appropriate for the individual||1|
|4. Individual's case lacks legal merit; (inappropriate for CAP intervention)||1|
|5. Individual chose alternative representation||0|
|6. Individual withdrew complaint||4|
|7. Issue not resolved in clients favor||0|
|8. CAP services not needed due to individual's death, relocation, etc.||0|
|9. Individual not responsive/cooperative with CAP||4|
|10. CAP unable to take case due to lack of resources||3|
|11. Conflict of interest||0|
|12. Other (Please explain below)|
(Choose one primary outcome for each closed case file. There may be more case files than the total number of individuals served.)
|1. Controlling law/policy explained to individual||31|
|2. Application for services completed||0|
|3. Eligibility determination expedited||2|
|4. Individual participated in evaluation||1|
|5. IPE developed/implemented/Services Provided||15|
|6. Communication re-established between individual and other party||12|
|7. Individual assigned to new counselor/office||4|
|8. Alternative resources identified for individual||2|
|9. ADA/504/EEO/OCR complaint made||0|
|10. Other (Please explain below)|
Multiple responses not permitted.
|1. Up to 18||1|
|2. 19 - 24||23|
|3. 25 - 40||27|
|4. 41 - 64||60|
|5. 65 and over||11|
|6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.)||122|
Multiple responses not permitted.
|3. Total (Lines B1+B2. Total must equal Part II, Line A3.)||122|
|1. Hispanic/Latino of any race (for individuals who are non-Hispanic/Latino only)||20|
|2. American Indian or Alaskan Native||1|
|4. Black or African American||13|
|5. Native Hawaiian or Other Pacific Islander||0|
|7. Two or more races||3|
|8. Race/ethnicity unknown||0|
Multiple responses not permitted.
|1. Acquired Brain Injury||2|
|4. Amputations or Absence of Extremities||1|
|5. Arthritis or Rheumatism||0|
|6. Anxiety Disorder||7|
|7. Autism Spectrum Disorder||4|
|8. Autoimmune or Immune Deficiencies (excluding AIDS/HIV)||0|
|9. Blindness (Both Eyes)||6|
|10. Other Visual Impairments (Not Blind)||7|
|12. Cerebral Palsy||4|
|14. Hard of Hearing/Hearing Impaired (Not Deaf)||5|
|17. Digestive Disorders||0|
|19. Heart & Other Circulatory Conditions||1|
|20. Intellectual Disability||7|
|21. Mental Illness||32|
|22. Multiple Sclerosis||0|
|23. Muscular Dystrophy||0|
|24. Muscular/Skeletal Impairment||6|
|25. Neurological Disorders/Impairment||6|
|26. Orthopedic Impairments||8|
|27. Personality Disorders||0|
|28. Respiratory Disorders/Impairment||1|
|29. Skin Conditions||0|
|30. Specific Learning Disabilities (SLD)||1|
|31. Speech Impairments||1|
|32. Spina Bifida||1|
|33. Substance Abuse (Alcohol or Drugs)||0|
|34. Other Disability||1|
|35. Total (Sum of Lines D1through D34. Total must equal Part II, Line A3.)||122|
Multiple responses permitted.
|1. Applicant of VR||12|
|2. Individual eligible for VR services currently on a wait list||10|
|3. Individual eligible for VR services not currently on a wait list||101|
|4. Applicant or individual eligible for Independent Living||2|
|5. Transition student/High school student||1|
|6. All other applicants or individuals eligible for other programs or projects funded unther Rehabilitation Act||0|
|1. Number of non-litigation systemic activities not involving individual representation that resulted in the change of one or more policy or practice of an agency.||7|
|2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices.|
|1. Total number of CAP cases requiring litigation involving individual representation resulting in, or with the potential for, systemic change.|
|a. Number of cases requiring litigation involving individual representation filed during fiscal year.||0|
|b. Number of on-going cases pending at start of fiscal year (carryover from prior fiscal year).||0|
|c. Number of cases resolved through litigation during fiscal year.||0|
|2. Describe the agency's on-going and completed systemic litigation activities involving individual representation.|
|1. Agency Type (select only one option)||External-Protection and Advocacy agency|
|2. Name of designate agency||Arizona Center for Disability Law|
|3. Is the designated agency contracting CAP services?||No|
|4. If yes, name of contracting agency:||N/A|
Provide a description of all CAP positions (see instructions)
Arizona Center for Disability Law
For the fiscal year ended 09/30/2016 Type of Position FTE % of year filled Person Years Professional
Full-time 1.78 100%1.78
Total Professional 1.78 100% 1.78
Full-time 0.64 100% 0.64
Total Clerical 0.64 100% 0.64
Total - Professional & Clerical 2.42 100% 2.42
Provide some examples of some interesting cases during the past fiscal year.
The case of J.M.
When the CAP Advocate first worked with J.M., he was a transition student just completing high school in preparation to obtain VR services. At a meeting with the CAP Advocate in attendance, J.M. informed the VR Supervisor that he was interested in becoming an auto mechanic. At that time, the VR Supervisor informed J.M. that he should research the different mechanic schools and choose the one he thought would be the most appropriate for him.
J.M. lived in a rural community and therefore chose a school in another city. The reason J.M. chose this particular school was because it was a technical school with a smaller teacher to student ratio, which was more appropriate due to this client’s learning disabilities.
The VR Supervisor wrote an Individualized Plan for Employment (IPE) for J.M. with the Vocational Goal of Automotive Service Technicians and Mechanics in December 2013. The IPE included the school of J.M.’s choice which was located in another city, along with all the services he would require to complete the school.
J.M. was ready to start school in August of 2014. At that time, the VR Supervisor decided that she was not going to honor the IPE. The CAP Advocate became involved to determine if there was justification for denying the IPE. The VR Supervisor stated that since there was a school in J.M.’s area that offered auto mechanics classes, that would be sufficient for J.M. to complete and find employment in the auto mechanics field.
The CAP Advocate had multiple meetings in fiscal years 2015 and 2016 with various staff of VR’s Administration and explained that the IPE was written, approved, and therefore needed to be honored. VR’s Administration finally agreed with the CAP Advocate in January 2016, and Administration directed the Supervisor to honor J.M.’s IPE and allow him to attend the school of his choice, as per the already agreed to and signed IPE.
The CAP Advocate spoke with J.M. and he shared that he is more than ¾ of the way through his classes, has a 4.0 grade average, and has already been offered a position as a mechanic when he graduates in May 2017.
The case of R.H.
CAP Advocate represented client R.H. in a mediation with Vocational Rehabilitation (VR) over their decision to close his case. VR claimed R.H. had obtained a job in his chosen employment field and had maintained it successfully for over 90 days. R.H. disagreed with this decision and requested assistance from CAP in his appeal. R.H.’s identified employment goal on his Individualized Plan for Employment (IPE) was “Sales and Related Worker.” R.H. had a long employment history of doing sales work for a national business services company. Due to complications of his disability, R.H. lost that job and spent several years recovering. He came to VR for assistance with finding employment where his sales experience could once again be used. VR provided him with dental services, car repairs, and Job Development before he found a job with a direct broadcast satellite service provider. VR and R.H. thought the job was in sales, but it turned out to be mostly a customer services job in which R.H. spent the day dealing with complaints. Shortly after R.H. started, the company moved its sales department to an office in another state.
VR still believed this was successful employment and sent R.H. a closing letter. He appealed and requested mediation with the Arizona Attorney General’s Conflict Resolution Department. CAP Advocate assisted R.H. in preparing for the mediation by gathering his paystubs showing he made no commissions from sales. He also provided a document that listed sales numbers and his name was not included. The mediation was successful. VR agreed to keep R.H.’s case open and provide him with additional dental work and a new job developer to assist him in securing a job in his chosen field.
The case of Y.G.
Client Y.G. came to CAP because Independent Living Rehabilitation Services (ILRS) would not provide her with home modifications. Y.G. is a double amputee due to vascular disease and diabetes. She lives in a home inherited from her parents in a small, rural town. Y.G. had been on the waiting list for ILRS funds for approximately three years. She was finally informed there were funds available, so a home modification assessment was done and an ILRS Plan was written and approved. Before work could be started on her home, Y.G. was hospitalized due to complications of her disabilities and she was unable to keep the appointments scheduled to begin the modification work. By the time Y.G. was discharged from the hospital and able to open her home to workers, she was informed by her ILRS Counselor that the funds were no longer available for her. When there is an interruption in services, or the ILRS client cannot participate, the funds are directed to the next person on the waiting list. Y.G. contacted CAP, who in turn, contacted the ILRS Administrator and home modification coordinator. ILRS were able to secure funding for the home modifications listed in Y.G.’s Plan of Service even though the ILRS program was changing the direction of service provisions. The services Y.G. required were bathroom modifications so she could access the toilet and shower. Also, ramps were installed so she could safely access her driveway and her front porch. Once Y.G. received the services and the modifications were completed, this case was closed successfully.
Reports are to be submitted to RSA within 90 days after the end of the fiscal year covered by this report. Please be reminded that you can enter data directly into RSA's website via the internet. Information on transmittal of the form is found on pages 19 and 20 of the reporting instructions.
|Name of Designated Agency Official||J.J. Rico|
|Title of Designated Agency Official||Executive Director|