RSA-509 - Protection & Advocacy of Individual Rights (PAIR) Program Performance Report

Alabama (UNIV OF ALABAMA ALABAMA - DISAB ADVOCACY PROGRAM) - H240A110001 - FY2011

General Information

Designated Agency Identification

NameAlabama Disabilities Advocacy Program
AddressBox 870395
Address Line 2
CityTuscaloosa
StateAlabama
Zip Code35487
E-mail Addressadap@adap.ua.edu
Website Addresshttps://www.adap.net
Phone2053484928
TTY 2053484928
Toll-free Phone8008261675
Toll-free TTY8008261675
Fax2053483909
Name of P&A Executive DirectorEllen B. Gillespie
Name of PAIR Director/CoordinatorEllen B. Gillespie
Person to contact regarding reportRosemary Beck
Contact Person phone2053484928
Ext.

Part I. Non-Case Services

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

Multiple responses are not permitted.

1. Individuals receiving I&R within PAIR priority areas295
2. Individuals receiving I&R outside PAIR priority areas141
3. Total individuals receiving I&R (lines A1 + A2)436

B. Training Activities

1. Number of trainings presented by PAIR staff19
2. Number of individuals who attended training (approximate)844

1. 2011 Governor’s Youth Leadership Parent Training Topics Covered: Special education rights and advocacy, including transition. Training Methods: Q&A, PowerPoint presentation, Lecture Purpose for Training: Familiarize the attendees with the P&A and its services; provide information about available resources; provide information about transition from school-to-work within IDEA. 2. Alabama Association of Parents with Visually Impaired (AAPVI) Children Conference Training Topics Covered: Section 504, special education, and IEP development Training Methods: Q&A, PowerPoint presentation, Lecture Purpose for Training: To assist parents of children with visual impairments in advocating for appropriate special education/Section 504 services for their children and to provide resources and information about their rights. 3. Alabama Court Appointed Special Advocates (CASA) State Conference Topics Covered: The milestone principals of the RC lawsuit and how the subsequent consent decree radically changed the way child welfare in Alabama is practiced and how those principles are tools to empower those advocating for foster children in Alabama. Training Methods: Q&A, PowerPoint presentation, Lecture Purpose for Training: To train persons who serve as CASA volunteers in Alabama on the RC Consent Decree and how the substantive principles found in the Decree have been codified and can be used in advocating for foster children in Alabama. 4. Assistance Animal Training for Tuscaloosa Police Topics Covered: Alabama statutes, the Americans with Disabilities Act 1990, and the Amendments Act of 2008 regarding assistance animals and their owners. Training Methods: Lecture Purpose for Training: To inform police officers about the state statutes and remedies under state law and federal law regarding access for owners with assistance animals. 5. Court Appointed Juvenile Advocates (CAJA) of Marshall County Topics Covered: Rights training for CAJA volunteers to know how to advocate for the civil rights of their clients with disabilities across child serving systems including schools, child welfare, and the juvenile court. Training Methods: Q&A, PowerPoint presentation, Lecture Purpose for Training: To empower CAJA to advocate for the rights of their clients 6. CASA — Special Education Training Topics Covered: Referral, eligibility, IEP process for advocates serving in Family Court dependency cases. Training Methods: Q&A, PowerPoint presentation Purpose for Training: To provide an overview of special education law to equip CASA volunteers to effectively advocate for needed services for children with disabilities declared dependent in Family Court. 7. Children’s Behavioral Health Discipline Training Topics Covered: Discipline protections found in the IDEA and Section 504 of the Rehabilitation Act of 1973. Training Methods: Q&A, PowerPoint presentation, Lecture Purpose for Training: To educate private clinicians on how the IDEA and Section 504 provide due process protections to children with disabilities involved in school disciplinary incidents. 8. Children’s Behavioral Health Special Education Training Topics Covered: The proper implementation of the IDEA and Section 504 to ensure that the mental health and behavioral needs of their clients are met in school. Training Methods: Q&A, PowerPoint presentation, Lecture Purpose for Training: To provide clinicians with the tools needed to support the special education needs of their patients in school. 9. East Central Children’s Health Collaborative Project (ECCHCO) Provider Training Topics Covered: Special education, IDEA, and Section 504 Training Methods: Q&A, PowerPoint presentation, Lecture Purpose for Training: To educate providers (case managers, therapists, parent advocates, and social workers) associated with ECCHCO on how they can use the IDEA and Section 504 to support the mental health needs of their clients in schools. 10. ECCHCO Family Training Topics Covered: Special education and advocacy training Training Methods: Q&A, PowerPoint presentation Purpose for Training: To train family members associated with ECCHCO on understanding how to advocate for school services which are responsive to their child’s mental health and behavioral needs. 11. Educational Training for 2011 Permanency Conference Topics Covered: Transition, parental rights, and IEP development including the use of assistive technology. Training Methods: Q&A, PowerPoint presentation, Lecture Purpose for Training: To familiarize the attendees about IEP development including AT in the educational environment, and provide information about transition from school-to-work within IDEA. 12. Fairfield Parent Agency Information Meeting Topics Covered: Overview of transition planning via a student’s IEP Training Methods: Q&A, PowerPoint presentation Purpose for Training: To provide parents of students needing transition services information on how to advocate for appropriate evaluation data, functional and transitional goal setting. 13. Children’s Hospital: Raising the Bar on Public Education: Empowering Parents to Work Collaboratively Topics Covered: Parent mentors providing advocacy assistance to other parents who are receiving or completed treatment at Children’s Hospital Training Methods: Q&A, PowerPoint presentation, Lecture, Panel Discussion Purpose for Training: To train parents of children who are cancer survivors to be education mentors to coach parents of children who are experiencing learning difficulties who are receiving or completed treatment at Children’s Hospital. 14. Huntsville Autism Networking Group Parent Training Topics Covered: Special education rights and the development of IEP’s Training Methods: Q&A, PowerPoint presentation, Lecture Purpose for Training: To assist parents in advocating for appropriate special education services and supports by assisting them in their knowledge about IEP development and IDEA rights. 15. JBS Parent Support Group Training Topics Covered: Special education through proper implementation of the IDEA and Section 504. Training Methods: Q&A, PowerPoint presentation, Lecture Purpose for Training: To provide members of the Jefferson, Blount, St Clair mental health authority’s parent support group the advocacy skills they need to ensure their children’s mental health and behavioral needs are met in school through the proper emplementation of the IDEA and Section 504. 16. Making a Difference in Mobile Autism Conference Topics Covered: Special education and navigating the IEP process. Training Methods: Q&A, PowerPoint presentation, Lecture Purpose for Training: To educate parents and professionals attending the conference in the rights associated the in navigating the IEP process. 17. Medicaid Roadshow Topics Covered: Alabama’s Medicaid waiver services Training Methods: Panel Discussion, Q&A, PowerPoint presentation, Lecture Purpose for Training: To provide information to persons with disabilities, their family members, and service providers about Alabama’s Medicaid waiver program so they can better determine which waiver program will best suit their needs. 18. Seraaj Foster Parent IEP/Transition Training Topics Covered: IDEA, Section 504, IEP development and transition from school-to-work Training Methods: Q&A, PowerPoint presentation, Lecture Purpose for Training: To enable Seraaj therapeutic foster care parents to advocate on behalf of their foster children for appropriate services and supports in their special education programming including successful transition planning. 19. South and West Alabama Attention Deficit Hyperactivity Disorder Support Group Training Topics Covered: IDEA and ADA Training Methods: Q&A, PowerPoint presentation, Lecture Purpose for Training: To train parents on how to advocate for their children’s rights including disciplinary provisions, AT, mental health supports, FAPE

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff0
2. Newspaper/magazine/journal articles0
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website5,496
5. Publications/booklets/brochures disseminated22
6. Other (specify separately)0

Narrative

This fiscal year the P&A produced a Medicaid booklet for publication to be used for children and adults, including waiver rights and services.

Other publications/booklets/brochures disseminated bythe P&A are: A Family Guide to ISP’s Access to Protect and Advocate ADAP Agency Brochure Aiding Alabama Beneficiaries of Social Security Get Ready for Work! Getting Hired with HIV/AIDS Go to Work - Partnering for Success! Hospitality Hints, Interacting with People with Disabilities On Guard: Making Sensible Decisions about Guardianship Positively Empowered Privacy on the Job Protecting the Rights of People with HIV/AIDS Respectful Language Returning to Work with HIV/AIDS (SSI) Returning to Work with HIV/AIDS (SSDI) Sailing My Own Ship, A Guide to Self-Advocacy School Mental Health and Behavioral Services Seclusion and Restraint Special Education: A Right Not a Favor SSI for Youth Who Want To Work

Part II. Individuals Served

A. Individuals Served

Count individual once per FY. Multiple counts not permitted for lines A1 through A3.

1. Individuals still served as of October 1 (carryover from prior FY)42
2. Additional individuals served during the year23
3. Total individuals served (lines A1 + A2)65
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)3

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 33

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility10
2. Employment6
3. Program access5
4. Housing6
5. Government benefits/services4
6. Transportation0
7. Education9
8. Assistive technology5
9. Voting0
10. Health care7
11. Insurance2
12. Non-government services1
13. Privacy rights0
14. Access to records1
15. Abuse3
16. Neglect8
17. Other1

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor19
2. Other representation found2
3. Individual withdrew complaint6
4. Appeals unsuccessful0
5. PAIR Services not needed due to individual's death, relocation etc.0
6. PAIR withdrew from case4
7. PAIR unable to take case because of lack of resources1
8. Individual case lacks legal merit2
9. Other0

Please explain

E. Intervention Strategies Used in Serving Individuals

List the highest level of intervention used by PAIR prior to closing each case file.

1. Technical assistance in self-advocacy2
2. Short-term assistance23
3. Investigation/monitoring2
4. Negotiation3
5. Mediation/alternative dispute resolution0
6. Administrative hearings0
7. Litigation (including class actions)4
8. Systemic/policy activities0

Part III. Statistical Information on Individuals Served

A. Age of Individuals Served as of October 1

Multiple responses not permitted.

1. 0 - 40
2. 5 - 2212
3. 23 - 5937
4. 60 - 646
5. 65 and over10

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females24
2. Males41

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race0
2. American Indian or Alaskan Native0
3. Asian0
4. Black or African American17
5. Native Hawaiian or Other Pacific Islander0
6. White48
7. Two or more races0
8. Race/ethnicity unknown0

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent17
2. Parental or other family home19
3. Community residential home0
4. Foster care0
5. Nursing home6
6. Public institutional living arrangement2
7. Private institutional living arrangement0
8. Jail/prison/detention center18
9. Homeless0
10. Other living arrangements3
11. Living arrangements not known0

E. Primary Disability of Individuals Served

Identify the individual's primary disability, namely the one directly related to the issues/complaints

1. Blind/visual impairment6
2. Deaf/hard of hearing7
3. Deaf-blind0
4. Orthopedic impairment12
5. Mental illness1
6. Substance abuse0
7. Mental retardation0
8. Learning disability2
9. Neurological impairment13
10. Respiratory impairment2
11. Heart/other circulatory impairment5
12. Muscular/skeletal impairment6
13. Speech impairment1
14. AIDS/HIV1
15. Traumatic brain injury0
16. Other disability9

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities4

2. Number of individuals potentially impacted by policy changes117,700

Describe your systemic activities. Be sure to include information about the policies that were changed and how these changes benefit individuals with disabilities. Include case examples of how your systemic activities impacted individuals served.

1. Disability Leadership Coalition of Alabama (DLCA) Description: The P&A works with the Disability Leadership Coalition of Alabama (DLCA) to create a cross-disabilities coalition to advocate for Medicaid waiver services for persons with developmental disabilities (DD), other than intellectual disabilities (ID), including traumatic brain injury (TBI). Alabama defines by statute that the Department of Mental Health (DMH) serves persons with ID but not persons with DD. This project focuses on expanding Alabama’s definition of eligible persons to include persons with DD in order for those persons to be eligible for DMH funded services. Policy or Practice Changed: The P&A succeeded in getting Alabama’s Department of Mental Health to change the name of the Intellectual Disabilities Division to the Developmental Disabilities Division and will continue to advocate for needed services for persons with developmental disabilities as well as expanded services to persons with traumatic brain injury through waiver supports and/or other means. How Changes Benefitted Individuals: This change will benefit those persons with developmental disabilities, who have been excluded from Medicaid waiver services from DMH. Example of Impact: The impact of this change will, by state law, affect approximately 20,000 persons who have not had benefit of receiving services strictly because their disability was, in effect, not eligible. The P&A and the DLCA will continue to work together to seek the needed services for persons with developmental disabilities. Number of Individuals Impacted: 20,000 (Approximate number of persons in Alabama who have a DD, but not an ID.) 2. Self-Directed Services Comments Description: The Department of Mental Health invited the P&A to provide comments on their proposal to implement self-directed services for persons on Medicaid waivers. The P&A provided these comments in writing to DMH outlining the numerous advantages of self-directed services, including, but not limited to, an increase of self-control by recipients of Medicaid waiver services. Policy or Practice Changed: The self-directed services for persons receiving Medicaid waivers. How Changes Benefitted Individuals: Persons will have the ability to choose their own service providers and, with some limitations, how much money is spent for particular services. Example of Impact: Persons using self-directed services will have more choice in who provides the needed services and supports. Persons will also have control over the budget allocated for said services. Number of Individuals Impacted: 7,600 (approximate number of persons receiving Medicaid waiver services in Alabama.) 3. School Bullying Bill Description: The Alabama Senate Bill 25 was introduced to revise the state’s Student Harassment Prevention Act. As children with disabilities are 2-3 times more likely to be bullying victims than their non-disabled peers, the P&A provided the legislative committee with input regarding the bill’s provisions related to, inter alia, procedures for identifying and reporting harassment, training requirements, school reassignments options, evidence-based positive interventions to assist the victim along with similar interventions, which go beyond discipline, to assist the bully. Policy or Practice Changed: The P&A provided a policy analysis as well as provided the Bill’s sponsor with five recent examples of the P&A’s case advocacy related to bullying, including bullying of children with learning disabilities, ADHD, epilepsy, mental illness, anxiety disorder, autism and intellectual disabilities. While Senate Bill 25 was not passed in that legislative session, its sponsor plans to reintroduce it this year. How Changes Benefitted Individuals: The examples of bullying provided by the P&A demonstrate the need for effective, responsive and positive bullying prevention practices for both the victim and the bully. Example of Impact: Bullying is a situation where the very condition that makes a child the target of bullying also leads the child to respond inappropriately, getting himself in trouble. Number of Individuals Impacted: 90,000 (Total number of children in AL who receive special education services.) 4. Child Welfare Consent Decree Description: The P&A was asked to serve as a panel member by the Casey Foundation in a national conference hosted by Casey. The attendees were representatives of approximately 20 states who have been sued or remain under consent decrees related to foster care and child welfare violations. Policy or Practice Changed: RC case in Alabama which was hailed by the New York Times in 2005 as "a wholesale overhaul of the child protection system to make it more pro-family," thus providing a "model in child welfare." How Changes Benefitted Individuals: Example of Impact: The purpose of this project was to share the views of the P&A with a national audience on the advantages and disadvantages of pursuing reform in child welfare and foster care through litigation. Thus, the chief impact was on a national audience of senior child welfare administrators, not an audience local to Alabama. Number of Individuals Impacted: 100 (Number of state senior child welfare administrators in attendance at a national conference hosted by Casey Family Programs.)

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts423
2. Number of individuals named in class actions0

Describe your litigation/class action activities. Explain how individuals with disabilities benefited from your litigation activities. Be sure to include case examples that demonstrate the impact of your litigation.

1. Boyd v. Mullins, USDC, M.D. Ala. PB, a college graduate who has tetraplegia, sued the state to enforce his rights under the ADA, 504, and Olmstead so he may leave the nursing home, live in the community, and obtain necessary and appropriate community-based Medicaid services. The U.S. Dept. of Justice filed a statement of interest on behalf of PB. The state’s discovery uncovered questions about the eligibility of PB that must be resolved. As a result, a joint motion for stay has been granted. Number of Individuals potentially impacted: 150 2. In re Paul Boyd v. Medicaid — Admin. Hearing See, Boyd v. Mullins, above. Medicaid denied PB’s eligibility for benefits. PB is appealing Medicaid’s claim that he is not eligible for benefits. The hearing is scheduled for December 2011. Number of Individuals potentially impacted: 150 3. D.E. v. Medicaid — Admin. Hearing The P&A represents DE, a young woman with Muscular Dystrophy, who attends college and seeks additional Medicaid services so she can live full-time on campus. Medicaid refuses to provide additional services as requested. A fair hearing was held in July 2011 and a final decision from the Medicaid Commissioner is pending. 4. D.S. v. Alabama Department of Human Resources, - OCR Complaint The P&A filed a complaint with the U.S. Department of Health and Human Services, Office of Civil Rights, for discrimination associated with DS’s treatment when she was at Baypointe Residential Treatment Center in Mobile. DS is a young woman with deafness, diabetes, intellectual and mental health issues who along with her guardian ad litem, claims that DHR, DMH, State Multineeds Child Committee, AltaPointe Health Systems and Baypointe Hospital discriminated against her by refusing to provide appropriate accommodations for her deafness while she was at Baypointe. The OCR investigation is pending. Number of Individuals potentially impacted: 264 (Children receiving care from DMH and DHR) 5. Ex Parte Montgomery Co. Commission, Supreme Court of Alabama See D.S. v. DHR, above. NDA, the out-of-state facility where DS received treatment, sued the Montgomery County Commission, Alabama DHR and State Multiple Needs Child Committee for failure to pay for DS’s treatment at NDA. After multiple appeals, in May 2011 the Alabama Supreme Court granted the County Commission’s and NDA’s petition for writs of mandamus and ordered, effectively, that DHR must pay for DS’s treatment at NDA. The P&A represented DS throughout the case. Number of Individuals potentially impacted: 264 (Children receiving care from DMH and DHR) 6.In Re: D.A.S.S., Marshall Co. Juvenile Ct., on remand from Ala. Ct. Civ. Apps. The P&A represents a father, PDS, who is legally blind and opposed DHR’s effort to terminate his parental rights to a child born during his marriage to the child’s mother. After a trial, the court terminated the rights of the mother and biological father, left open the possibility of adoption by our client, and awarded custody to DHR. The P&A appealed to the Alabama Court of Civil Appeals and the Court remanded the case to the juvenile court. Upon remand, DHR reversed its position and recognized PDS as the child’s legal father. After a new trial, the juvenile court awarded permanent custody of the child to PDS and terminated the parental rights of the mother and biological father. 7. National Mobile Home Park v. McKenzie, District Court, Cullman Co. The P&A represented SM, a man with deafness and mental illness, who sought and was denied accommodations by his landlord. The landlord then filed a retaliatory action to evict our client. The P&A obtained an injunction preventing the eviction, and filed a federal administrative complaint and a counterclaim for discrimination in state court. The court stayed all proceedings and the case was settled. Number of Individuals potentially impacted: 2 8. In Re N.O. - Admin. Complaint, US Dept. of HUD NO, an elderly woman with a neurological disorder, resides in an assisted living facility (ALF) that tried to discharge her based on stereotypical assumptions that her disability would cause rapid degeneration of mobility and skills. The P&A filed an administrative complaint with HUD, and the ALF ceased its efforts to discharge NO while the investigation was pending. Subsequently, after NO had to be away from the ALF, the ALF refused to allow her to return. The P&A filed a new complaint alleging the ALF failed to grant reasonable accommodations and retaliated against NO. HUD is investigating. 9. In Re J.B. - OCR complaint JB is a student at Auburn University in Montgomery. He has ADHD and qualifies for reasonable modifications in his education. Despite this, he has tried numerous times to complete his math requirements and been unsuccessful. JB has been evaluated, qualifies for additional accommodations, and has requested several alternative modifications including: course substitution, allowing transfer of courses from community college, allowing him to take a course through independent study, allowing him to take the course online, or allowing him to use a calculator. All of his requests for accommodations were denied. The P&A filed an OCR complaint and is investigating. 10. Eagle Creek Architectural Cmte. v. Dorothy G. Smith, Baldwin Co. Circuit Court MS, a homeowner, requested an accommodation from her homeowner’s association to construct a covered wheelchair access ramp into her home for the use of her mother, MJ, who also resides in the home, but uses a wheelchair and makes regular visits to a local dialysis center. The covered access was necessary because of MJ’s medical needs. When the association refused MS’s request for an accommodation, she built it anyway. The Committee sued based on the provisions of a restrictive covenant seeking an order requiring MS to demolish the new structure. MS requested as a further accommodation that the Committee refrain from enforcing the covenant. The P&A filed an answer and counterclaim alleging discrimination under the Fair Housing Act, seeking damages and injunctive relief for failing to permit a reasonable modification which would allow MJ to enjoy the premises on the same basis as persons without a disability. The case is set for trial in January 2012. 11. D.C. v. Rite-Aid — Tuscaloosa Co. Circuit Court DC was terminated from employment for an alleged violation of employment policies. DC alleges her termination resulted from her requests for reasonable accommodations in employment and employment discrimination. Because of DC’s alleged violation of policies, the Agency reduced DC’s unemployment benefits. DC appealed seeking to obtain her full benefits. The P&A filed an appeal of the denial in state Circuit Court, obtained discovery from the State and DC applied for and was granted a six month extension in benefits. The Agency now asserts DC should be totally disqualified from benefits. The state threatened to have her totally disqualified from benefits rather than partially disqualified, if she continued to pursue the appeal. Because challenging her reduction in benefits could have resulted in total disqualification of benefits, DC was risking having to pay back all benefits received, as well as risking having to pay back the benefits she would be getting through the extension. DC decided not to accept such risk and decided to terminate her appeal. The case was dismissed via stipulation with the State. 12. D.C. v. Rite-Aid — EEOC DC was terminated from employment for an alleged violation of employment policies. DC alleges her termination resulted from her requests for reasonable accommodations in employment and employment discrimination. The P&A filed an employment discrimination complaint on behalf of DC. The complaint is being investigated. 13. In re D.W. — Admin. Complaint, Ala. DHR DW is subject to DHR’s adult protective services supervision that requires him to live in a nursing home. DHR failed to provide DW with a discharge plan to inform DW what he had to do to leave the nursing home. When the P&A met with the DHR county director to seek a resolution, the parties agreed to tender reports related to discharge criteria and planning for DW. The DHR case worker, the social worker at the nursing home, and the case worker for Independent Living Center of Greater Birmingham now regularly communicate about DW’s challenges and needs and how to overcome them. The parties are now appropriately engaging in treatment planning and discharge planning and working together toward that end complying with the agreed schedule for tendering reports. 14. D.W. - Administrative complaints, U.S. Dept of Justice DW could not gain physical access to several places of public accommodation as well as city, county, and state buildings in Double Springs, AL. The P&A filed ADA Title II and III complaints against several entities. DW decided to sue some of those entities and The P&A referred her as she requested. That attorney sued some entities, negotiated with others, and achieved partial success. DW is experiencing retaliation and difficulty in enforcing agreements, and the P&A assisted DW’s private attorney to address those issues. The P&A represents DW on one pending DOJ complaint, and is monitoring DOJ’s investigation. 15. In Re K.I. v. Medicaid, Admin. Hearing In the course of an annual redetermination of eligibility, Medicaid advised KI’s mother that KI did not meet admission criteria for nursing facility care and thus was not eligible to receive personal care services under the Elderly & Disabled Waiver. KI’s mother requested a fair hearing which is set for November 2011.

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:

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

1. Priority: Individuals residing in mental health facilities, developmental centers, and community placements will be safe and free from abuse, neglect, and disability rights violations. 2. Need: The need for individuals residing in mental health facilities, developmental centers, and community placements to be safe and free from abuse, neglect, and disability rights violations. 3. Indicators: a. Advocate for appropriate treatment on behalf of persons with disabilities in institutions and/or in community placements by providing two individual case services. b. Provide one information and referral services to persons with disabilities residing in mental health facilities, developmental centers, and community programs regarding abuse, neglect, and/or disability rights violations. 4. Collaboration: none 5. Number of Cases: Two individual case services were provided under this priority. 6. Summary: MB, a 62 year old male with muscular/skeletal impairments, physical orthopedic impairments, and respiratory impairments, contacted the P&A after being referred by the Department of Human Resources; Adult Protective Services agency. MB requested any information that could assist him with services in the home to deal with abuse from his soon to be ex-wife. The P&A provided MB with information to get counseling for the abuse caused by his wife, informed MB about the Area Agency on Aging and suggested he contact them to apply for a Medicaid waiver, and called the Elderly and Disabled that provides assistance in the home. MB retained an attorney to assist him in getting custody of his grandchildren which is his primary concern. The P&A explained that we don’t provide legal assistance for custody matters but assured him that he can contact us again with disability rights related concerns in the future.

1. Priority: Adults with disabilities will have protection of their individual rights, including freedom of choice and being free from the restraint of individual liberties. 2. Need: The need for adults with disabilities to have protection of their individual rights, including freedom of choice and being free from the restraint of individual liberties. 3. Indicators: a. Provide eight individuals with disabilities living independently or with family members with individual case services in situations where their freedom of choice and/or individual liberties is threatened. b. ADAP will assist two persons with disabilities seeking reasonable accommodations in their jobs with individual case services. c. Provide 40 information and referral services to persons with disabilities living independently or with family members regarding individual rights, freedom of choice, restraint of liberties, and volunteer activities. d. Provide five education/training sessions to persons with disabilities living independently or with family members regarding individual rights, freedom of choice and restraint of liberties. 4. Collaboration: In systemic efforts the P&A collaborated with the Alabama Bar’s Access to Justice Commission through the Delivery of Legal Services committee and the Governor’s Office on Disability 5. Number of Cases: Seven total individual case services were provided under this priority. Although the P&A did not meet their proposed indicator of eight cases where freedom of choice was threatened, two case services were provided and all PAIR eligible clients requesting services under this indicator were served. The P&A did, in fact, exceed the proposed number of individual cases under the proposed employment indicator and will continue to represent PAIR eligible clients in freedom of choice issues in the coming fiscal year. 6. Summary: SB contacted the P&A seeking assistance with obtaining a reasonable accommodation from her employer. SB’s employer wanted to be provided with medical records in order to comply with her accommodation request. The P&A researched the issue and determined SB should not be required to provide medical records and instead, had her treating physician complete accommodation request form which allowed SB to obtain her requested accommodation.

1. Priority: Adults with disabilities will have access to buildings, services, and programs in the same manner as the public. 2. Need: The need for adults with disabilities to have access to buildings, services, and programs in the same manner as the public. 3. Indicators: a. Provide individual case services to four individuals with disabilities denied access to buildings, services and/or programs as required by the Americans with Disabilities Act and/or the Rehabilitation Act. b. ADAP will provide 20 information and referral services to persons denied access to buildings, services and/or programs in violation of the Americans with Disabilities Act and/or the Rehabilitation Act. c. Provide eight education/training sessions to individuals with disabilities regarding access to buildings, services and/or programs as required by the Americans with Disabilities Act and/or the Rehabilitation Act. d. Disseminate information on the requirements of ADA Titles II & III to two disability advocacy groups and other interested entities, which serve individuals with disabilities in a less populated, rural area of the state. 4. Collaboration: In systemic efforts the P&A collaborated with Alabama Department of Public Health, Alabama Department of Rehabilitation Services, Children’s Rehabilitation Services, Governor’s Office On Disabilities 5. Number of Cases: Five individual case services were provided under this priority 6. Summary: KW contacted the P&A to find out what options were available to resolve an issue with the Oak Mountain State Park in Pelham, AL. KW was denied access to the park in January because he only had an Alabama State issued ID, rather than a driver’s license. The park cited a new rule not allowing anyone with a state issued ID to camp on their own at the park KW has a visual impairment that prevents him from being able to pass the driver’s test but has camped on his own at this park and others around the country for over 20 years. KW believes the rule is discriminatory and wants to know what he can do legally to fight it. KW was informed that pursuing the matter with the park Superintendent may get the desired results and was encouraged to contact the park superintendent. KW was also informed a complaint under Title II of the Americans with Disabilities Act with the US Department of Justice could be filed and was provided with the website and links as to how to file that complaint. Informed KW if the situation could not be resolved through a letter to the park superintendent he may also want to copy the state office in Montgomery.

1. Priority: Persons with disabilities will have access to Medicaid waiver and community services. 2. Need: The need for persons with disabilities to have access to Medicaid waiver and community services. 3. Indicators: a. Provide two individuals with disabilities who need or are at risk of losing Medicaid waiver or other community services with individual case services. b. Information and referral services will be provided to ten persons who request information regarding applying for Medicaid and/or Medicaid waiver services. c. Conduct four education/training sessions throughout the State to explain all Medicaid Waiver services offered by the State of Alabama. d. Advocate for the outplacement of individuals with disabilities from nursing homes to a less restrictive, appropriate community placement. 4. Collaboration: In other systemic efforts the P&A collaborated with Alabama Medicaid Agency, Alabama Department of Mental Health, Alabama Department of Rehabilitation Services, Alabama Department of Public Health, UCP of Birmingham 5. Number of Cases: Three individual case services were provided under this priority 6. Summary: REN contacted the P&A with a request for assistance in finding services to assist in his transition from the nursing home to his brother’s home. The P&A informed REN by letter of the new Alabama Community Transition Waiver and advised him to contact the Mobile Independent Living Center and his social worker in the nursing home to request an evaluation for that waiver to get the process started.

1. Priority: Eligible students with disabilities will be identified for services and educated in their least restrictive environment with appropriate academic support and services. 2. Need: The need for eligible students with disabilities to be identified for services and educated in their least restrictive environment with appropriate academic support and services. 3. Indicators: a. ADAP will represent at least one student with disabilities to ensure the provision of a free, appropriate public education in the least restrictive environment by providing individual case services. b. ADAP will provide 75 information and referral services regarding students with disabilities to ensure the provision of a free, appropriate public education in the least restrictive environment. c. ADAP will provide ten education/training sessions for parents and service providers on special education rights and advocacy. d. ADAP will collaborate with Birmingham Children’s Hospital to provide technical assistance and train parent education mentors on special education rights of children with disabilities. 4. Collaboration: In other systemic efforts the P&A collaborated with the Alabama Department of Rehabilitation Services, Alabama Association of Parents with Visually Impaired Children, Court Appointed Special Advocates, and Autism Society of Alabama 5. Number of Cases: Four individual case services and16 education/training activities were provided under this priority 6. Summary: As a result of the P&A’s advocacy, a 16 year old student, TG, was found eligible for special education services. When TG’s mother contacted the P&A, her son had been held back twice in elementary school, was receiving failing grades in middle school, and had been subjected to numerous disciplinary actions related to his disability. The mother’s previous attempts to get TG eligible for special education services had failed, with the school system insisting that his learning and behavioral difficulties did not require such supports. Private evaluations sought out by TG’s mother revealed that the student is diagnosed with ADHD and specific learning disabilities in the area of reading, math, and written expression. With the P&A’s intervention, the child was found eligible for services and was provided with a education plan that included: 1) a behavior improvement plan (BIP); 2) counseling once a week by a therapist from the nearby community mental health center; 3) classroom accommodations as recommended by the child’s psychologist; and 4) a program of learning strategies and remediation based on identified areas of weakness in the areas of reading, writing and math.

1. Priority: Youth with disabilities will have effective school and community-based transition services to ensure successful movement from school to post-high school education/work and independent living. 2. Need: The need for youth with disabilities to have effective school and community-based transition services to ensure successful movement from school to post-high school education/work and independent living. 3. Indicators: a. ADAP will provide two information and referral services to youth with disabilities regarding transition services and policies. b. ADAP will provide three education/training sessions to families and service providers about the services provided under the PABSS program, work incentive assistance programs, and transition for adolescents moving from school to work. 4. Collaboration: In other systemic efforts the P&A collaborated with Alabama Department of Rehabilitation Services and Autism Society of Alabama 5. Number of Cases: Although no cases were proposed to be completed, ten education/training sessions and two information and referral services were provided under this priority. 6. Summary: The parent of JPM, a high school student diagnosed with ADHD and Oppositional Defiance Disorder, contacted the P&A with concerns about her son not being provided with the supports he needed to graduate. JPM passed all of the state’s required graduation exams but was lacking the required course credits. The P&A provided the parent with technical assistance and resources about helpful accommodations for JPM. The P&A also referred the parent to the state’s Vocational Rehabilitation Office to see if he would qualify for their services. The P&A also recommended an assistive technology evaluation. The parent indicated she would request a Section 504 meeting to discuss additional accommodations and the possible need for an assistive technology evaluation as well as contacting her local Vocational Rehabilitation office.

1. Priority: Youth with disabilities will have appropriate community-based mental health and behavioral services. 2. Need: The need for youth with disabilities to have appropriate community-based mental health and behavioral services. 3. Indicators: a. ADAP will provide three information and referral services to youth with disabilities seeking appropriate community based mental health and behavioral services. 4. Collaboration: none 5. Number of Cases: Although no cases were proposed to be completed, five information and referral services were provided under this priority. 6. Summary: JE is a single mother who has left side hemiparisis and uses a wheelchair to ambluate. JE is seeking to regain custody of her five children from the Department of Human Resources after her ex husband reportedly abused them. The P&A reviewed the requirements JE needed to meet in the ISP to regain custody of her children including maintaining adequate employment and housing. Though JE has appeared to have met these requirements, DHR continues to deny JE custody of her children on the basis that she cannot effectively protect her children from potential abusers. JE sought assistance in gaining vistitation access to one of her chidlren. DHR has thus far prevented the P&A from visiting with JE’s children individually to find out JE has been denied vistiation. There is a monitoring visit scheduled at Brewer Porch for January 10, 2012. This case is on-going pending the monitoring visit. 1. Priority: Youth with disabilities involved in the juvenile justice system will receive appropriate educational and treatment services and will be free from abuse and neglect and disability rights violations. 2. Need: The need for youth with disabilities involved in the juvenile justice system to receive appropriate educational and treatment services and will be free from abuse and neglect and disability rights violations. 3. Indicators: a. ADAP will provide five information and referral services to youth with disabilities in juvenile justice systems regarding abuse, neglect, and/or rights violations. b. In collaboration with Southern Poverty Law Center, ADAP will monitor three adult correctional facilities to ensure that youth with disabilities are receiving appropriate treatment services and are free from abuse, neglect, and disability rights violations 4. Collaboration: In other systemic efforts the P&A collaborated with Southern Poverty Law Center 5. Number of Cases: Although no cases were proposed to be completed, four monitoring activities and 13 information and referral services were provided under this priority. 6. Summary: The P&A entered into a cooperative agreement with the Southern Poverty Law Center (SPLC) to monitor and investigate Alabama jails housing individuals with disabilities under the age of 22. During FY11, 30 visits to four jails in Alabama were made to learn more about the conditions of confinement youth charged as adults are forced to endure while awaiting resolution of their criminal cases. In total, 22 P&A eligible youth were interviewed across the four sites. Identified problem areas which are being addressed include: • Excessive use of force by staff (including the use of tasers for conduct such as talking back to a guard). • Inadequate medical care. Medical staff does not always respond to medical requests and medication management is inconsistent. One facility instituted a $10 co-pay for medical visits in order to decrease the number of medical requests they receive. • Inadequate special education services • Lack of mental health services. • Ineffective inmate grievance systems. • Inappropriate use of isolation. • Inadequate supervision. • Dirty, unhygienic, and overcrowded conditions. In one facility, some of the beds were infested with ants, and the communal bathroom appeared to have moldy walls. In another facility, four youth were confined for four days in one cell where the toilet had flooded, forcing the youth to crowd on the top bunk to avoid touching the floor. That same facility has three detox/close confinement cells that each have a metal grate in the floor where inmates are forced to urinate and defecate.

1. Priority: Children with disabilities will receive necessary medical screening and treatment as required under Title XIX’s Early and Periodic Screening Diagnostic and Treatment (EPSDT) program. 2. Need: The need for children with disabilities to receive necessary medical screening and treatment as required under Title XIX’s Early and Periodic Screening Diagnostic and Treatment (EPSDT) program. 3. Indictors: a. ADAP will produce a Medicaid manual for children and adults, including waiver rights and services. 4. Collaboration: none 5. Number of Cases: Although no cases were proposed to be completed, a Medicaid manual was produced by the P&A for children and adults regarding waiver rights and services. 6. Summary: The P&A prepared a brochure for distribution that advises parents and their children of their EPSDT rights as follows: Children under the age of 21 who are eligible for Medicaid receive their health services through Medicaid’s Early and Periodic Screening, Diagnostic and Treatment (EPSDT) program. Through EPSDT, children are entitled to regular preventative care and checkups and to medically necessary services to treat all physical and mental health problems. One of the main purposes of the EPSDT program is to make sure that children’s health problems are diagnosed and treated early. Medicaid Home and Community Based Services (HCBS) waivers provide services that make living at home or in other community-based settings possible for persons with intellectual or significant physical and medical disabilities.

1. Priority: Youth with disabilities in schools or daycare centers will have appropriate mental health supports and services, protection from illegal disciplinary measures, and protection from the inappropriate use of seclusion and restraint. 2. Need: Youth with disabilities in schools or daycare centers will have appropriate mental health supports and services, protection from illegal disciplinary measures, and protection from the inappropriate use of seclusion and restraint. 3. Indicators: a. ADAP will provide ten information and referral services to youth with disabilities in schools or daycare centers to ensure provision of appropriate mental health supports and services, protection from illegal disciplinary measures and the inappropriate use of seclusion and restraint. b. ADAP will provide five education/training sessions to service providers and parents on special education rights and advocacy related to behavioral, disciplinary, and seclusion and restraint issues. 4. Collaboration: 5. Number of Cases: Although no cases were proposed to be completed, 47 information and referral services were provided under this priority. 6. Summary: Most of the PAIR I&Rs under this priority were students diagnosed with ADHD who had a history of behavior problems, suspensions, and being sent to alternative school. A number of them were facing an expulsion hearing when their parents/guardians contacted us. Most have a history of the parent/guardian trying to get them evaluated for either special education or Section 504 without a valid response by the school staff. The P&A’s assistance in these instances was to explain the process of referring a child for special education under the protection of students-not-yet-eligible-for-special-education portion of the administrative code and requesting an expedited evaluation. For example, the parent of a 4th grader suspected of having a disability contacted the P&A after the child brought a pocket knife to school and threatened another student with it. The parent and his teacher had both expressed concern about his behaviors but he was not referred for special education evaluation and was not provided with any type of social skills or behavioral interventions. The P&A provided the parent with technical assistance and recommended that she formally refer the child for an expedited evaluation for special education and related services. The child’s parent indicated that she would formally request an expedited evaluation using the P&A’s technical assistance.

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

1.Priority: Individuals with disabilities will be able to exercise freedom of choice. 2.Need: Individuals with disabilities will be able to exercise freedom of choice. 3.Indicators: a.Provide eight persons with disabilities with individual case services in situations where their freedom of choice is threatened. b.Provide 40 information and referral services regarding freedom of choice for persons with disabilities. c.Provide five education/training sessions to persons with disabilities regarding freedom of choice. d.Work with a local Long-Term Recovery Committee (LTRC) to improve efforts addressing the needs of persons with disabilities in disaster planning and recovery.

1.Priority: Individuals with disabilities will be able to exercise their rights to access state and local government services and places of public accommodation. 2.Need: The need for individuals with disabilities to be able to exercise their rights to access state and local government services and places of public accommodation. 3.Indicators: a.Provide two persons with disabilities denied access to a state or local government service with individual case services. b.Provide two persons with disabilities denied access to a place of public accommodation with individual case services. c.Provide 20 information and referral services regarding the denial of access to a state or local government program or place of public accommodation for persons with disabilities in violation of the Americans with Disabilities Act (ADA) and/or the Rehabilitation Act. d.Provide nine education/training sessions on the rights of persons with disabilities under Titles II and III of the ADA. e.Provide education/training on the rights of persons with disabilities in accessing public transportation. f.Disseminate information regarding the rights of persons with disabilities to access recreational facilities. g.Improve access for persons with disabilities to a specific local government service.

1.Priority: Persons with disabilities will have access to Medicaid waiver services. 2.Need: The need for persons with disabilities to have access to Medicaid waiver services. 3.Indicators: a.Provide two individual case services to persons with disabilities who need or are at risk of losing Medicaid waiver or other community services. b.Assist two persons with disabilities who currently receive Medicaid waiver services, but need additional services, by providing individual case services. c.Provide ten information and referral services to persons requesting information concerning the application for Medicaid and/or Medicaid waiver services. d.Advocate for outplacement of persons with disabilities from nursing homes to a less restrictive, appropriate community placement. e.Provide three education/training sessions on Medicaid waiver services.

1.Priority: Eligible students with disabilities will be identified for services and educated in their least restrictive environment with appropriate support. 2.Need: The need for eligible students with disabilities to be identified for services and educated in their least restrictive environment with appropriate support. 3.Indicators: a.Represent at least one student with disabilities to ensure the provision of a free, appropriate public education in the least restrictive environment by providing individual case services. b.Provide 85 information and referral services regarding the provision of a free, appropriate public education in the least restrictive environment for students with disabilities. c.Provide ten education/training sessions to parents and service providers on special education rights and advocacy skills. d.Collaborate with advocacy partners to identify areas of need in the state’s monitoring system of special education services.

1.Priority: Youth with disabilities will have effective school and community-based transition services to ensure successful movement from school to post-high school education, work and independent living. 2.Need: The need for youth with disabilities to have effective school and community-based transition services to ensure successful movement from school to post-high school education, work and independent living. 3.Indicators: a.Provide two information and referral services regarding transition services and policies for youth with disabilities. b.Provide three education/training sessions to families and service providers about the services provided under the PABSS program, work incentive assistance programs, and transition for youth moving from school to work.

1.Priority: Youth with disabilities will have appropriate community-based mental health and behavioral services. 2.Need: The need for youth with disabilities to have appropriate community-based mental health and behavioral services. 3.Indicators: a.Provide three information and referral services regarding appropriate community-based mental health and behavioral services for youth with disabilities.

1.Priority: Youth with disabilities involved in the juvenile justice system will receive appropriate educational and treatment services, will be free from abuse, neglect, and disability rights violations, and will be served in the least restrictive setting possible, to include appropriate community-based alternatives to incarceration. 2.Need: The need for youth with disabilities involved in the juvenile justice system to receive appropriate educational and treatment services, to be free from abuse, neglect, and disability rights violations, and be served in the least restrictive setting possible, including appropriate community-based alternatives to incarceration. 3.Indicators: a.Provide five information and referral services regarding abuse, neglect, and disability rights violations of youth with disabilities in juvenile justice systems.

1.Priority: Youth with disabilities in schools or daycare centers will have appropriate mental health supports and services, protection from illegal disciplinary measures, and protection from the use of seclusion and restraint. 2.Need: The need for youth with disabilities in schools or daycare centers to have appropriate mental health supports and services, protection from illegal disciplinary measures, and protection from the use of seclusion and restraint. 3.Indicators: a.15 information and referral services will be provided to ensure the provision of appropriate mental health supports and services, protection from illegal disciplinary measures and the inappropriate use of seclusion and restraint for youth with mental illness in schools or daycare centers. b.Provide five education/training sessions to service providers and parents on special education rights and advocacy related to behavioral, disciplinary, and seclusion and restraint issues.

Part VI. 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.

  1. Sources of funds received and expended
  2. Budget for the fiscal year covered by this report
  3. Description of PAIR staff (duties and person-years)
  4. Involvement with advisory boards (if any)
  5. Grievances filed under the grievance procedure
  6. 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

A. Sources of funds received and expended Source of Funding Amount Received Amount Spent Federal (Section 509) 229,435 229,435 State Program Income 297.00 Private All Other Funds FY 2010 Carryover 9,852.00 9,852.00 Program Income Carryover 8,856.00 7,282.00 Total from all sources 248,440 246,569

B. Budget for the fiscal year covered by this report Category Prior Fiscal Year Current Fiscal Year Wages/Salaries 132,700 138,000 Fringe benefits (FICA, unemployment, etc.) 44,285 45,000 Material/supplies 907 1,000 Postage 620 650 Telephone 1,228 1,500 Rent Travel 1,728 2,750 Copying/Printing 312 350 Bonding/insurance 525 550 Equipment (rental/purchase) Legal services 8,676 9,000 Indirect costs 52,284 56,000 Miscellaneous 3,304 3,500 Total 246,569 258,400

C. Description of PAIR staff (duties and person-years) Type of Position FTE % of year filled Person Years Professional Full-time 2.4 92.9 2.23 Part-time Vacant .15 .4 .06 Clerical Full-time .5 96 .48 Part-time Vacant

D. Involvement with advisory boards (if any) a. n/a E. Grievances filed under the grievance procedure a. Client grieved alleged failure of P&A to communicate in a timely fashion. The P&A granted grievance where the P&A attorney has an open case file regarding a matter with the client. It appears correspondence between the P&A and the client had not reached each other, resulting in previous correspondence to client indicating the P&A was considering closing the client case file for lack of contact. b. Caller grieves the P&A’s denial of request for representation. The P&A upholds its decision of denial because 1)case based primarily on race, not disability, i.e. no ADA cause of action, and 2) no reasonable prospect of success because most of the issues had already previously been dismissed in the callers pro se suit against a municipality. c. Caller grieves the P&A’s denial of request for assistance. The P&A granted grievance where it appeared the caller may have a meritorious claim regarding failure to obtain needed medical care. An attorney for the P&A has met with potential client and will investigate merits of potential claim. F. 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. a. The P&A works closely with the Client Assistance Programs and State long-term care program in that each agency uses the P&A as a resource for case referrals and vice versa. Several clients of the P&A who reside in nursing homes and are seeking community placement have been referred to us by the Long-Term Care Ombudsman. Further, the P&A serves on state-wide committees where staff from the CAP and state long-term care program are also members.

Certification

Signed?Yes
Signed ByRosemary S Beck
TitleInformation Systems Administrator
Signed Date12/30/2011