RSA-227 - Annual Client Assistance Program (CAP) Report

Colorado (Center for Legal Advocacy) - H161A160005 - FY2016

General Information

Designated Agency Identification

NameCenter for Legal Advocacy
Address455 Sherman Streeet
Address Line 2Suite 130
CityDenver
StateColorado
Zip Code80203
E-mail Addressmaharvey@disabilitylawco.org
Website Addresshttp://www.disabilitylawco.org
Phone303-722-0300
TTY 303-722-3619
Toll-free Phone800-288-1376
Toll-free TTY800-288-1376
Fax303-722-0720

Operating Agency (if different from Designated Agency)

NameCenter for Legal Advocacy
Address455 Sherman Streeet
Address Line 2Suite 130
CityDenver
Zip Code80203
E-mail Addressmaharvey@disabilitylawco.org
Website Addresshttp://www.disabilitylawco.org
Phone303-722-0300
TTY303-722-3619
Toll-free Phone800-288-1376
Toll-free TTY800-288-1376
Fax303-722-0720

Additional Information

Name of CAP Director/CoordinatorGeoffrey Peterson
Person to contact regarding reportGeoffrey Peterson
Contact Person Phone970-241-6371

Part I. Non-case Services

A. Information and Referral Services (I&R)

Multiple responses are not permitted.

1. Information regarding the vocational rehabilitation (VR) program17
2. Information regarding independent living programs3
3. Information regarding American Indian VR Service projects0
4. Information regarding Title I of the ADA0
5. Other information provided2
6. Information regarding CAP1
7. Total I&R services provided (Lines A1 through A6)23

B. Training Activities

October 14, 2015- Presentation for the Combined Federal Campaign on DLC Services and Priorities. 300 individuals were present.

October 15, 2015- Presentation for the Combined Federal Campaign on DLC Services and Programs. 500 individuals were present.

October 16, 2015- Presentation for Parents Encouraging Parents in Vail, CO on Special Education Law. There were 100 parents and educators present.

October 28, 2015- Presentation for the Combined Federal Campaign on DLC Services and Programs. There were 100 individuals present.

November 14, 2015- Presentation for the Combined Federal Campaign on DLC Services and Programs. There were 50 individuals present.

January 22, 2016- Presentation at the Courage to Risk Conference on “Hot Topics in Special Education Law”. There were 50 individuals present.

January 29, 2016- Presentation for Parents Encouraging Parents in Ft. Collins on Special Education Law. There were 170 parents and educators in attendance.

February 18, 2016- Presentation to College Living Services students in Denver on an Overview of Services Provided by DLC. There were 30 students in attendance.

February 27, 2016- Presentation to the Mile High Freedom Band on DLC Priorities and Services. There were 100 individuals present.

March 14, 2016- Presentation to the staff at Disabled Resource Center (Independent Living Center) in Ft. Collins on “CAP/PABSS and Consumer Grievances”. There were 15 staff and clients in attendance.

April 7, 2016- Presentation for Parents Encouraging Parents in Colorado Springs on Special Education Law. There were 75 parents and educators in attendance.

April 7, 2016- Presentation for Parents Encouraging Parents in Colorado Springs on Advanced Special Education Law. There were 20 parents and educators present.

May 12, 2016- Presentation for the Colorado Cross Disability Coalition on “Employment Law and the ADA”. There were 15 staff and volunteers in attendance.

1. Number of training sessions presented to community groups and public agencies.13
2. Number of individuals who attended these training sessions.1,525
3. Describe training presented by the staff. Include the following information:
  1. topics covered
  2. purpose of the training
  3. description of the attendees

C. Agency Outreach

Describe the agency's outreach efforts to previously un-served or underserved individuals including minority communities.

Our primary means for reaching minority or other underserved populations has been through our training sessions across the state. This is especially true with our participation with Parents Encouraging Parents and the training sessions they conduct throughout Colorado. These sessions attract hundreds of parents from all parts of Colorado.

D. Information Disseminated To The Public By Your Agency

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.

Website hits - 132,256; Randy Chapman’s Ability Blog - 17,000 hits; Facebook followers - 1,239; Twitter followers - 1,487

1. Agency Staff Interviewed or Featured on Radio and TV2
2. Articles about CAP Featured in Newspaper/Magazine/Journals3
3. PSAs/Videos Aired about the CAP Agency0
4. Publications/Booklets/Brochures Disseminated by the Agency25444
5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc.0
6. Other (specify below)

E. Information Disseminated About Your Agency By External Media Coverage

Describe the various sources and information disseminated about your agency by an external source.

N/A

Part II. Individual Case Services

A. Individuals served

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)6
2. Additional individuals who were served during the year16
3. Total individuals served (Lines A1+A2)22
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.)0
5. Individual still being served as of September 30 (Carryover to next year. This total may not exceed Line A3.)9

B. Problem areas

Multiple responses permitted.

1. Individual requests information0
2. Communication problems between individual and VR counselor4
3. Conflict about VR services to be provided12
4. Related to VR application/eligibility process1
5. Related to assignment to order of selection priority category0
6. Related to IPE development/implementation
  1. Selection of vendors for provision of VR services
  2. Selection of training, post-secondary education
  3. Selection of employment outcome
  4. Transition services
2
7. Related to independent living services2
8. Other Rehabilitation Act-related problems1
9. Non-Rehabilitation Act related
  1. TANF
  2. SSI/SSDI
  3. Housing
  4. Other:
0
10. Related to Title I of the ADA0

C. Intervention Strategies for closed cases

(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 Assistance1
2. Investigation/Monitoring2
3. Negotiation7
4. Mediation and other methods of Alternative Dispute Resolution0
5. Administrative / Informal Review3
6. Formal appeal / Fair Hearing0
7. Legal remedy / Litigation0
8. Total13

D. Reasons for closing individuals' case files

(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 favor6
2. Some issues resolved in individual's favor (when there are multiple issues)1
3. CAP determines VR agency position/decision was appropriate for the individual0
4. Individual's case lacks legal merit; (inappropriate for CAP intervention)2
5. Individual chose alternative representation0
6. Individual withdrew complaint3
7. Issue not resolved in clients favor1
8. CAP services not needed due to individual's death, relocation, etc.0
9. Individual not responsive/cooperative with CAP0
10. CAP unable to take case due to lack of resources0
11. Conflict of interest0
12. Other (Please explain below)

E. Results achieved for individuals

(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 individual6
2. Application for services completed0
3. Eligibility determination expedited0
4. Individual participated in evaluation0
5. IPE developed/implemented/Services Provided2
6. Communication re-established between individual and other party4
7. Individual assigned to new counselor/office1
8. Alternative resources identified for individual0
9. ADA/504/EEO/OCR complaint made0
10. Other (Please explain below)

Part III. Program Data

A. Age

Multiple responses not permitted.

1. Up to 180
2. 19 - 241
3. 25 - 403
4. 41 - 6415
5. 65 and over3
6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.)22

B. Gender

Multiple responses not permitted.

1. Females12
2. Males10
3. Total (Lines B1+B2. Total must equal Part II, Line A3.)22

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race (for individuals who are non-Hispanic/Latino only)2
2. American Indian or Alaskan Native0
3. Asian0
4. Black or African American1
5. Native Hawaiian or Other Pacific Islander0
6. White19
7. Two or more races0
8. Race/ethnicity unknown0

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Acquired Brain Injury1
2. ADD/ADHD0
3. AIDS/HIV0
4. Amputations or Absence of Extremities0
5. Arthritis or Rheumatism0
6. Anxiety Disorder1
7. Autism Spectrum Disorder1
8. Autoimmune or Immune Deficiencies (excluding AIDS/HIV)0
9. Blindness (Both Eyes)1
10. Other Visual Impairments (Not Blind)0
11. Cancer0
12. Cerebral Palsy1
13. Deafness1
14. Hard of Hearing/Hearing Impaired (Not Deaf)0
15. Deaf-Blind0
16. Diabetes1
17. Digestive Disorders0
18. Epilepsy0
19. Heart & Other Circulatory Conditions1
20. Intellectual Disability0
21. Mental Illness10
22. Multiple Sclerosis0
23. Muscular Dystrophy0
24. Muscular/Skeletal Impairment1
25. Neurological Disorders/Impairment0
26. Orthopedic Impairments3
27. Personality Disorders0
28. Respiratory Disorders/Impairment0
29. Skin Conditions0
30. Specific Learning Disabilities (SLD)0
31. Speech Impairments0
32. Spina Bifida0
33. Substance Abuse (Alcohol or Drugs)0
34. Other Disability0
35. Total (Sum of Lines D1through D34. Total must equal Part II, Line A3.)22

E. Types of Individual Served

Multiple responses permitted.

1. Applicant of VR0
2. Individual eligible for VR services currently on a wait list0
3. Individual eligible for VR services not currently on a wait list20
4. Applicant or individual eligible for Independent Living1
5. Transition student/High school student0
6. All other applicants or individuals eligible for other programs or projects funded unther Rehabilitation Act1

Part IV. Systemic Activities and Litigation

A. Non-Litigation Systemic Activities

Our systemic activities this fiscal year centered around DVR’s implementation of WIOA. We reviewed draft policy changes that DVR proposed to comply with the new statute. We did not find any issues with what was proposed. Any comments we had were mostly made through the SRC.

The transition of DVR from the Colorado Department of Human Services (CDHS) to the Colorado Department of Labor and Employment (CDLE) was completed in July 2016. The transition went smoothly. Also in July a number of DLC staff met with the Director of CDLE and the Director of DVR. The purpose was to introduce the new Director of Legal Services and the new CAP staff. We also discussed some general issues. One concern we’ve had from the beginning is the differing cultures that DVR and CDLE exist in and how that impacts their operation. Since the rules around the services and the length of time people needed to be placed in a job differ we wanted to be sure that these cultural differences are recognized. To date, we have not had any complaints that would indicate that this is a problem.

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.0
2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices.

B. Litigation

N/A

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.

Part V. Agency Information

A. Designated Agency

1. Agency Type (select only one option) External-Protection and Advocacy agency
2. Name of designate agencyCenter for Legal Advocacy dba Disability Law Colorado
3. Is the designated agency contracting CAP services?No
4. If yes, name of contracting agency:N/A

B. Staff Employed

Provide a description of all CAP positions (see instructions)

Total FTE = 1.89 Program Coordinator 67.9% Advocate 51.2% Staff Attorney 10.2% Legal Director 3.7% Staff Attorney 1.2% Senior Attorney 1.1% Staff Attorney 0.7% Advocate 0.1% Admin Assistant 8.0% Financial Manager 7.6% Office Manager 7.3% Executive Director 7.0% Accounting Assistant 6.8% Admin Assistant 4.4% Admin Assistant 2.8% Admin Assistant 2.7% Training/Development 2.0% Admin Assistant 1.8%

Part VI. Case Examples

Provide some examples of some interesting cases during the past fiscal year.

Case 1 This case took several years to resolve due to medical issues and a change in employment outcomes. The client finally settled on becoming an intermediate motorcycle mechanic as this job was more compatible with his disabilities. It took 3 on-the-job training (OJT) programs but he finally succeeded in completing the last OJT successfully. A big stumbling block was the extent and cost of the tools he needed in order to start at an intermediate level. He had years of working on motorcycles but they were all older models and he needed to upgrade his skills in order to compete for a job. DVR refused to send him to a motorcycle training program to become a certified mechanic and supported the OJTs instead. DVR reluctantly agreed to provide most of the tools he needed that his trainer said he’d need on the job. In the end, the client was employed by the shop where he did his last OJT.

Case 2 Client with autism was scheduled to attend Colorado State University as a freshman. DVR is paying for college but will not pay for dorm residency. CSU requires incoming freshman to reside in dorms for the first two semesters. DVR, however, agreed to pay for client to commute 160 miles each way, twice a day, five days a week. This was clearly an unrealistic expectation. Advocate appealed to the Regional Supervisor. Advocate persuaded the Regional Supervisor to fund maintenance based on a comparable rental value. The client’s family agreed these were his normal living expenses. DVR agreed to fund the cost of on-campus housing above the normal living expenses.

Case 3 DLC is assisting a young woman on SSI with profound hearing loss, who is working with the Division of Vocational Rehabilitation (DVR) and desires to be a cosmetologist. The client applied to the cosmetology program at a private college. The college denied her admission into a two-week trial program because there was no guarantee that she could pass the state test, and no assurance that she would get accommodations to take the state test. It took one advocate, one attorney, a DVR counselor, and a determined student eight months of advocacy to gain her entrance into the two-week trial program, where the college continued to refuse to provide a needed accommodation-an ASL interpreter. That advocacy included in person meetings with the college and DVR, three letters from an attorney to the college after legal research and a pre-litigation memo, an inquiry to the state testing service, consultation with an assistive technology specialist who later sent two letters, and a review of technology and accommodations provided.

She successfully completed the two-week trial, and desired admission into the program and requested accommodations through her attorney. The college refused to enter into a dialogue about the request for an ASL interpreter as an accommodation and as a result on September 9, 2015, DLC filed a complaint with the U.S. Department of Education, Office of Civil Rights which is being investigated. In the meantime, DVR did provide the accommodation necessary for her to access her education and as a result she is set to complete her program this month and sit for the state exam shortly.

Certification

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 OfficialMary Anne Harvey
Title of Designated Agency OfficialExecutive Director
Date Signed12/22/2016