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

Colorado (Center for Legal Advocacy) - H240A110006 - FY2011

General Information

Designated Agency Identification

NameThe Legal Center for People with Disabilities and
Address455 Sherman Street
Address Line 2Suite 130
CityDenver
StateColorado
Zip Code80203
E-mail Addressmaharvey@thelegalcenter.org
Website Addresshttp://www.thelegalcenter.org
Phone303-722-0300
TTY 303-722-3619
Toll-free Phone800-288-1376
Toll-free TTY800-288-1376
Fax303-722-0720
Name of P&A Executive DirectorMary Anne Harvey
Name of PAIR Director/CoordinatorAlison Butler Daniels
Person to contact regarding reportMary Anne Harvey
Contact Person phone303-722-0300
Ext.506

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 areas96
2. Individuals receiving I&R outside PAIR priority areas387
3. Total individuals receiving I&R (lines A1 + A2)483

B. Training Activities

1. Number of trainings presented by PAIR staff11
2. Number of individuals who attended training (approximate)2,371

The Legal Center’s Legal Services Director presented a 45 minute session on legal issues in the education field for students with disabilities, including §504, at the Auraria Campus for the Dyslexia Awareness Campaign. The session was a formal presentation followed by a question and answer session. Approximately 60 people attended.

A PAIR staff member presented information on The Legal Center and the resources we provide to a group of approximately 20 low vision seniors at the Center for Independence. It was an informal presentation followed by a question and answer session.

The PAIR Coordinator presented on the basics of fair housing practices, including discrimination against people with disabilities to a group of landlords, housing authority officials and housing developers at the Colorado Housing NOW! conference. It was a power-point presentation followed by questions and answers. Approximately 20 people attended.

The PAIR Coordinator and a PAIR staff member presented to the Colorado Developmental Disabilities Council regarding restraint and seclusion in Colorado schools. It was a power-point presentation followed by questions and answers. Approximately 20 people attended.

A PAIR staff member spoke about her project regarding restraint and seclusion in public schools in Colorado to the law firm of Greenberg Traurig. It was an informal question and answer session. Approximately 8 people attended.

The Legal Center’s Legal Services Director presented information at a SWAAC meeting regarding multiple issues for people with disabilities, including the ADA, §504, assistive technology and the IDEA. It was a formal presentation followed by questions and answers. Approximately 75 people attended.

The Legal Center’s Legal Services Director was interviewed on KNUS radio regarding The Legal Center and its services, including those available in PAIR. The interview was 30 minutes. We estimate the interview reached 2000 listeners.

A PAIR staff member presented for 1 ½ hours for On The Ten regarding the rights of people with HIV under the ADA and various other laws protecting people with disabilities. It was a formal presentation followed by questions and answers. Approximately 20 people attended.

A PAIR staff member discussed The Legal Center, its history and its programs to community members at Mesa County Workforce Center. Approximately 100 community members attended.

The PAIR coordinator and another PAIR staff member gave an informal presentation on the rights of people with disabilities under the ADA, §504 and the IDEA to a group of adolescents and case workers from Reflections for Youth Treatment Center. Approximately 23 people attended.

A PAIR staff member made a formal presentation regarding the Role of Social Work in HIV related law at the National HIV & Social Work Conference in Atlanta, Georgia. The presentation was 1 ½ hours and approximately 25 people attended.

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff1
2. Newspaper/magazine/journal articles2
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website60,291
5. Publications/booklets/brochures disseminated12,557
6. Other (specify separately)0

Narrative

Randy Chapman, Director of Legal Services, appeared in a 30 minute radio interview on KNUS to discuss The Legal Center and the services we provide, including specifically services of the PAIR program.

Randy Chapman continued his successful blog, titled “The Ability Blog.” The blog contains over 105 articles relating to various disability issues, including many relating specifically to PAIR issues. There have been over 70,976 hits to date, including 17,591 in FY2011.

Materials Disseminated:

Fall 2010 Mainstream Newsletter — distribution approximately 5,000.

Spring 2011 Mainstream Newsletter — distribution approximately 5,000.

Employment Packet — this information packet is sent to people upon request and includes information about employment rights under the ADA. The packet also includes an attorney referral list. We distributed approximately 3 packets to individuals with disabilities during FY2011.

Housing Packet — this information packet includes information about a person’s rights in housing under the ADA. It is available to people upon request. We distributed approximately 5 packets to individuals during FY2011.

Service/Companion Animal Packet — this information packet includes information about a person’s right to have a service animal. We distributed approximately 5 packets during FY2010.

The Legal Center has a brochure about the services of each program. This brochure is available in English, Spanish, Braille and on audio CD. We distributed about 500 brochures during FY2011.

The Everyday Guide to Special Education Law and Guia de la Ley (the Spanish version of The Everyday Guide), by Randy Chapman, Director of Legal Services, is a publication that The Legal Center sells and distributes. More than 1,525 copies were sold or distributed in FY2011. Additionally, The Legal Center published an accompanying workbook, titled Preventing Litigation in Special Education. The Legal Center distributed at least 519 copies of the workbook.

The Legal Center also published a book, But I Don’t Want Elder Care, in FY2008, The Legal Center disseminated 25 copies of the book.

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)30
2. Additional individuals served during the year107
3. Total individuals served (lines A1 + A2)137
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)4

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 49

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility2
2. Employment42
3. Program access2
4. Housing27
5. Government benefits/services40
6. Transportation0
7. Education4
8. Assistive technology0
9. Voting0
10. Health care11
11. Insurance2
12. Non-government services4
13. Privacy rights1
14. Access to records0
15. Abuse0
16. Neglect0
17. Other7

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor52
2. Other representation found3
3. Individual withdrew complaint11
4. Appeals unsuccessful0
5. PAIR Services not needed due to individual's death, relocation etc.0
6. PAIR withdrew from case0
7. PAIR unable to take case because of lack of resources0
8. Individual case lacks legal merit9
9. Other20

Please explain

Issue not resolved in client’s favor.

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-advocacy8
2. Short-term assistance72
3. Investigation/monitoring0
4. Negotiation5
5. Mediation/alternative dispute resolution1
6. Administrative hearings0
7. Litigation (including class actions)8
8. Systemic/policy activities1

Part III. Statistical Information on Individuals Served

A. Age of Individuals Served as of October 1

Multiple responses not permitted.

1. 0 - 41
2. 5 - 224
3. 23 - 59122
4. 60 - 644
5. 65 and over6

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females47
2. Males90

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race10
2. American Indian or Alaskan Native0
3. Asian3
4. Black or African American14
5. Native Hawaiian or Other Pacific Islander2
6. White80
7. Two or more races0
8. Race/ethnicity unknown28

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent111
2. Parental or other family home7
3. Community residential home0
4. Foster care0
5. Nursing home2
6. Public institutional living arrangement1
7. Private institutional living arrangement1
8. Jail/prison/detention center1
9. Homeless2
10. Other living arrangements6
11. Living arrangements not known6

E. Primary Disability of Individuals Served

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

1. Blind/visual impairment4
2. Deaf/hard of hearing9
3. Deaf-blind2
4. Orthopedic impairment12
5. Mental illness13
6. Substance abuse0
7. Mental retardation4
8. Learning disability2
9. Neurological impairment7
10. Respiratory impairment1
11. Heart/other circulatory impairment3
12. Muscular/skeletal impairment1
13. Speech impairment0
14. AIDS/HIV75
15. Traumatic brain injury2
16. Other disability2

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities1

2. Number of individuals potentially impacted by policy changes75,050

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.

PAIR staff represented two women who attended a public college. Both women were deaf and attempting to become special education teachers. When the women neared the end of their studies, the college informed them that because they were deaf, the school would not recommend them for state teacher licensure. The women contacted The Legal Center. PAIR staff got involved. After informal negotiations and filing a discrimination complaint with the U.S. Department of Education Office for Civil Rights, The Legal Center contacted Colorado’s Attorney General’s Office. After the AG’s office agreed with us, the college finally agreed to change their policy. As a result, as of FY2011, the college no longer considers hearing impairment to be a bar to recommending state teacher licensure. This affects all students with hearing disabilities seeking to become teachers in Colorado. (Approximately 50)

PAIR staff investigated at least 10 new cases of allegations of abuse and neglect, including seclusion and restraint, in public schools. Additionally, PAIR staff monitored several other school districts where complaints had been filed in previous years. In these cases, PAIR staff investigated the complaint and issued a confidential report to the school and a public report for others. These investigations have brought significant attention to the rules regarding the use of restraints in schools and to The Legal Center. As a result, The Legal Center has been asked to be involved in due process hearings as experts, to be fact witnesses in federal court and to do trainings regarding the rules of restraints in schools. PAIR staff is pleased that it is able to inform parents, educators and administrators throughout the state and country of the significant changes to the rules on restraint in schools, thereby doing our best to ensure that restraints in schools are reduced and closely monitored. This affects all students in public schools in Colorado. (Approximately 75,000)

PAIR staff has undertaken a zoning case that could affect hundreds of residents with disabilities in Louisville, Colorado. Specifically, Louisville’s City Council is seeking to enforce an old law that prohibits people with disabilities aged 18-21 from living in a foster care situation. Colorado allows such youth to live in foster care and many service models are based on such youth living in foster homes. Currently PAIR staff is working with Louisville’s City Attorney to effect a change in the zoning laws.

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts2,000
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.

PAIR staff was active in FY2011 in filing and pursuing court and administrative cases. We continued our new employment priority, taking on cases in which employers discriminate and/or refuse to provide accommodations in the workplace for people with disabilities. As part of this priority, we represent clients in filing complaints with the U.S. Equal Employment Opportunity Commission ("EEOC") and/or the Colorado Civil Rights Division ("CCRD"). We believe that by doing so we are helping represent a traditionally underrepresented population and sending a message to employers that we are willing to do so. Additionally, PAIR staff remains ready, willing and able to be involved in any of the following types of litigation: ***Disability discrimination complaints against housing providers with the CCRD and/or the U.S. Department of Housing and Urban Development; ***Intervening in eviction proceedings in local county courts when we believe the tenant’s disability caused or was related to the tenant’s impending eviction; ***Complaints with the CCRD and/or the U.S. Department of Justice based on a public accommodation provider discriminating against a consumer based on the consumer’s disability; ***Filing or intervening in any state or federal class-action alleging systemic discrimination against people with disabilities. While PAIR staff was not actively involved in any class action cases this year, our involvement in representing individual clients in litigation has served those individuals, and others following in their footsteps, well. Some examples of cases:

***PAIR staff represented a client in filing and pursuing a case through the EEOC when the client’s employer refused to abide by the reasonable accommodations recommended by the client’s doctors. PAIR staff was ultimately able to negotiate a settlement for the client and effect change at the client’s former employer — a large national store.

***PAIR staff intervened in a case in county court in which a client with multiple disabilities was under court order to remain in a nursing home. PAIR staff argued that the client was able to make sound decisions and should be allowed to choose where to live in the least restrictive environment — consistent with the Olmstead Decision. PAIR staff was successful and the court lifted the protective order, allowing the young man to move from the nursing home.

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.

FY 2011PRIORITIES AND OBJECTIVES

Priority 1 — Assistance for Participants of Federally Funded Housing Programs 1. Identify Priority - Provide direct representation as well as information, referral, technical assistance, and community outreach to help remedy disability discrimination for tenants and applicants of subsidized, public, and other federally funded housing programs. 2. Need Addressed — Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs experience disability discrimination in housing and will benefit from direct representation, self-advocacy assistance, and activities designed to raise awareness and understanding of the rights of persons with disabilities in housing. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. 3. Indicators of Success — An indicator of success under this priority is when a property manager, landlord, or housing authority allows an individual with a disability to remain in or obtain a home, with equal opportunity to use and enjoy that home or when, after talking to PAIR staff, a client or housing provider understands his/her rights and obligations related to fair housing. 4. Collaboration — Pursuing this priority involves cooperative efforts with Colorado Legal Services, Colorado Cross Disability Coalition, the U.S. Department of Housing and Urban Development, the Colorado Civil Rights Division, individual county housing authorities, the Colorado Housing and Finance Association, as well as individual members of the private bar who accept such cases. 5. Number of Cases and Class Actions 6. Example — ***PAIR staff represented a man who was living in subsidized housing through a Section 8 voucher from a local treatment organization. The client had medical and mental disabilities. The client was given a 3-Day Notice to Vacate based on an outburst he had with employees who worked for his voucher provider. The client’s medication was not stabilized at the time of the outburst. We worked with the client to ensure he got the medical treatment needed to stabilize his medication and worked with the client’s case manager to ensure he did not lose his Section 8 voucher. ***PAIR staff represented a woman who used a wheelchair for mobility and lived in a Section 8 subsidized unit. The unit did not have a wheelchair accessible entrance. The woman requested a ramp with handrails and the plan was approved by HUD. However, despite this, the owner of the unit was refusing or delaying building the ramp. PAIR staff got involved and wrote a letter and called the owner. The owner agreed with PAIR staff and promptly built the ramp with handrails. ***PAIR staff worked with a woman who lived in a Section 8 subsidized apartment. She had a companion animal — a cat - that helped alleviate some of her mental disabilities and allowed her to use and enjoy her home. The landlord began harassing the client, claiming she didn’t know she had a cat and telling her she could not have it. PAIR staff got involved and wrote a letter to the landlord and explained the law on companion animals. The client was allowed to keep the cat as a reasonable accommodation for her disability.

Priority 2: Assistance in HIV/AIDS Legal Project. 1. Identify Priority - Provide information and referral, advocacy, and technical assistance to a population affected by HIV/AIDS. We will offer education, training and community assistance to individuals with HIV/AIDS, service providers, and fellow advocates who need guidance in understanding their rights and advocating for themselves or others who believe that their rights have been abridged. 2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with HIV/AIDS who are ineligible for other federally funded protection and advocacy programs, advocates and service providers will benefit from being provided with assistance on issues related to: a. Employment Discrimination b. Housing Discrimination c. Discrimination in Educational Institutions d. Discrimination in Access to Public Accommodations e. Access to Government Services, including Public Entitlement Programs f. Breach of Confidentiality g. Family and Medical Leave We have also determined that individuals with HIV/AIDS would be unlikely to receive any assistance without our intervention in this area. Our services and programs are unduplicated elsewhere, and without our intervention, there would be no other organization to assist them in charting unfamiliar waters. 3. Indicators of Success — When a service provider, property manager, employer or medical professional makes a change in policy or practice to allow a person living with HIV/AIDS to fully and equally participate in their program or benefit from their services. 4. Collaboration — This priority involves on-going participation with groups that provide similar services for support, information and education, including working with Independent Living Centers, Colorado Legal Services, the Colorado AIDS Project and other local AIDS projects, the Women’s Lighthouse Project, local hospitals and medical providers specializing in HIV treatment, the Colorado Coalition for the Homeless, the Tenants’ Rights Advocacy Coalition, and the private bar. 5. Number of Cases and Class Actions 6. Example — *** PAIR staff was successful in advocating for a blind client living in Section 8 housing. In conjunction with his physician, PAIR staff submitted a request that he be granted a reasonable accommodation so that he could secure a live-in aide who could provide him with the oversight necessary to secure his safety in his apartment. As a result of PAIR staff’s intervention, the Housing Authority approved his request, and he was able to secure a subsidy for a two-bedroom apartment. ***PAIR staff, through its POSITIVE BENEFITS program, assisted eight people through the Social Security System from start to finish. In one instance, a client secured his benefits within 10 days. Of the eight, all but one was successful, and the reason for her denial was that her health had actually improved.

Priority 3: Assistance to Remedy Discrimination in Post-Secondary Education, Public Accommodations, and Government Services. 1. Identify Priority - Provide direct representation, advocacy, information, referrals, publications, and technical assistance to remedy disability discrimination for individuals who experience disability discrimination in post-secondary education, public accommodations and government services. 2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs will benefit from receiving direct representation and self-advocacy assistance regarding their disability rights in post-secondary education, public accommodations and government services. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. 3. Indicators of Success —Success is measured when a post-secondary education institution, place of public accommodations or governmental services provider allows an individual with a disability equal access to their program or place of business or when, after talking with PAIR staff, a client or public accommodation provider understands his/her rights and obligations relating to non-discrimination on the basis of disability. 4. Collaboration — Pursuing this priority involves on-going collaboration with other agencies and organizations working in the field and organizations to which complaints are made, including, Plaintiffs Employment Lawyers Association, Faculty of Federal Advocates, Colorado Cross-Disability Coalition, the Colorado Civil Rights Division, and the U.S. Department of Justice, as well as individual members of the private bar who accept such cases. 5. Number of Cases and Class Actions 6. Example — ***A client with cerebral palsy contacted The Legal Center because her health club refused to make the outdoor swimming pool accessible to people with mobility impairments. PAIR staff wrote a letter to the health club requesting that the club act in compliance with the Americans with Disabilities Act and provide a swimming pool lift to the outdoor swimming pool immediately. Within a few days of receiving the letter, the manager of the club called PAIR staff and stated that a lift was purchased for $7,000.00 and would be installed immediately upon its arrival. PAIR staff followed up and the lift was installed. ***PAIR staff worked with a young man with developmental disabilities who was volunteering at an animal shelter with the hope that it would turn into a job. The client encountered numerous employees who made derogatory comments about his disabilities. He was ultimately asked not to return to the shelter. PAIR staff filed a complaint with the U.S. Department of Justice and assisted the client in filing a complaint with the Colorado Civil Rights Division. Ultimately the animal shelter apologized for the discrimination and invited PAIR staff to the facility to see first hand the changes that were made and discuss the training the shelter implemented regarding addressing people with disabilities. ***PAIR staff provided on-going technical assistance to a Parks Department employee in working with the City Council to continue adequate funding to allow people with disabilities the opportunity to use and enjoy the programs and services of the Parks Department. PAIR staff also wrote a letter to the Council outlining the requirements under Title III of the Americans with Disabilities Act. To date, the Parks Department has been able to keep the necessary funding.

Priority 4: Assistance to Remedy Discrimination in Employment. 1. Identify Priority - Provide direct representation, advocacy, information, referrals, and technical assistance to remedy disability discrimination for individuals who experience disability discrimination in the employment setting. 2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs will benefit from receiving direct representation and self-advocacy assistance regarding their disability rights in employment. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. 3. Indicators of Success — Success is measured when an employer treats an individual with a disability equally to an employee without a disability and agrees to make appropriate accommodations for such a person’s disability or when, after talking with PAIR staff, a client or employer understands his/her rights and obligations relating to non-discrimination on the basis of disability. 4. Collaboration - Pursuing this priority involves on-going collaboration with other agencies and organizations working in the field and organizations to which complaints are made, including, Plaintiffs Employment Lawyers Association, Faculty of Federal Advocates, Colorado Cross-Disability Coalition, the Colorado Civil Rights Division, the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice, as well as individual members of the private bar who accept such cases. 5. Number of Cases and Class Actions 6. Example- ***PAIR staff represented a man with physical disabilities who was working as a teacher at a charter school. Throughout the year, the client needed reasonable accommodations in the way of time off for doctor’s appointments and an allowance to wear athletic shoes, rather than dress shoes to work. Due to these requests and accompanying doctor’s notes, the school was well aware of the client’s disability. Then, the client was hospitalized for ten days, during which semester grades were due. The client requested a reasonable accommodation to turn his grades in late. The request was denied and he was terminated. PAIR staff represented the client in attempting to negotiate with the school, which failed. Thereafter, PAIR staff filed a complaint of discrimination on behalf of the client with the U.S. Equal Employment Opportunity Commission. Ultimately, we got a settlement for the client allowing him time to find another job. ***PAIR staff represented a woman with multiple disabilities who worked in the office but needed the assistance of a service dog. Despite the fact that the woman had worked with the assistance of a dog for over 10 years, her employer suddenly informed her that she could no longer bring the dog with her to work. PAIR staff worked with the woman, her employer and their national organization to educate them on the laws regarding service animals and securing a signed agreement allowing the woman to continue working and bringing her dog to the office. ***PAIR staff represented a man who is deaf and was told he was not being hired by a large national grocery store chain because he “couldn’t hear.” PAIR staff contacted the employer and over the course of several months was able to obtain a settlement offer that included a job offer, monetary settlement and training for the grocery store employees.

Priority 5: Information and Referrals Addressing the Needs of Persons with Disabilities. 1. Identify Priority - The Legal Center will provide information on and make referrals to programs and services addressing the needs of persons with disabilities in Colorado who are ineligible for other federally funded protection and advocacy programs and do not fall within other PAIR objectives and priorities. 2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs will benefit from being provided with information and referrals addressing the needs of persons with disabilities in Colorado. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. Additionally, The Legal Center is obligated to provide such information and referrals under its federal statutory and regulatory mandate. 3. Indicators of Success — If, after talking to PAIR staff, clients indicate that they understand their rights and the steps they need to take to protect those rights and/or obtain further representation. 4. Collaboration — To pursue this priority and satisfy our obligation to provide this information, The Legal Center must maintain association with organizations likely to further assist or represent people with disabilities in need of such assistance. Such organizations include Colorado Legal Services, Colorado Cross-Disability Coalition, the Colorado Civil Rights Division, the U.S. Department of Housing and Urban Development, ARC of Colorado, Colorado Coalition for the Homeless, Colorado Commission for the Deaf and Hard of Hearing, the U.S. Department of Education Office for Civil Rights, the U.S. Equal Employment Opportunity Commission, the U.S. Department of Justice, and the Colorado and local bar associations. 5. Number of Cases and Class Actions 6. Example — ***We provided information to numerous tenants with disabilities who are living in private housing of their rights regarding reasonable accommodations, particularly the use of service and companion animals. We walked them through the process of requesting reasonable accommodations and gave them information and advice on how to obtain a private attorney and how to file a complaint of disability discrimination with the Colorado Civil Rights Division or U.S. Department of Housing and Urban Development. ***We provided advice and information to numerous people calling regarding their right to have a service dog accompany them in public. We discussed the laws and regulations with them, explaining their rights and responsibilities, and informing them of how to file a complaint with the Colorado Civil Rights Division or U.S. Department of Justice. ***We provided information to numerous callers regarding their rights in the workplace. Many of these callers had disabilities and were concerned that their disability might negatively affect their job in the future. We explained their rights, gave them reference material and directed them to call us back when and if they faced discrimination in the workplace.

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.

PAIR FY 2011 PRIORITIES AND OBJECTIVES

Priority 1 — Assistance for Participants of Federally Funded Housing Programs 1. Identify Priority - Provide direct representation as well as information, referral, technical assistance, and community outreach to help remedy disability discrimination for tenants and applicants of subsidized, public, and other federally funded housing programs. 2. Need Addressed — Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs experience disability discrimination in housing and will benefit from direct representation, self-advocacy assistance, and activities designed to raise awareness and understanding of the rights of persons with disabilities in housing. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. 3. Activities — The Legal Center will engage in negotiation, alternative dispute resolution, administrative remedies, and/or litigation to remedy disability discrimination for tenants or applicants of subsidized, public, and other federally funded housing programs. Additionally, The Legal Center shall provide information, referrals, advice, guidance, technical assistance, and education and training activities designed to raise awareness and understanding of the rights of persons with disabilities in housing.

Priority 2: Assistance in HIV/AIDS Legal Rights Network 1. Identify Priority - Provide information and referral, advocacy, and technical assistance to a population affected by HIV/AIDS. We will offer education, training and community assistance to individuals with HIV/AIDS, service providers, and fellow advocates who need guidance in understanding their rights and advocating for themselves or others who believe that their rights have been abridged. 2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with HIV/AIDS who are ineligible for other federally funded protection and advocacy programs, advocates and service providers will benefit from being provided with assistance on issues related to: a. Employment Discrimination b. Housing Discrimination c. Discrimination in Access to Public Accommodations d. Access to Government Services e. Public Entitlement Programs f. Confidentiality g. Family and Medical Leave We have also determined that individuals with HIV/AIDS would be unlikely to receive any assistance without our intervention in this area. Our services and programs are unduplicated elsewhere, and without our intervention, there would be no other organization to assist them in charting unfamiliar waters. 3. Activities — The Legal Center HIV Legal Project shall provide information, referrals, advice, guidance, and technical assistance, as well as engage in community outreach, education, and training activities for the benefit of individuals with HIV/AIDS who need assistance in understanding and advocating for their rights in housing, employment, government services, public accommodations and confidentiality. Additionally, The Legal Center’s HIV Legal Project will consider providing negotiation, alternative dispute resolution, administrative remedies and litigation on a case-by-case basis.

Priority 3: Assistance to Remedy Discrimination in Post-Secondary Education, Public Accommodations, and Government Services. 1. Identify Priority - Provide direct representation, advocacy, information, referrals, publications, and technical assistance to remedy disability discrimination for individuals who experience disability discrimination in post-secondary education, public accommodations and government services. 2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs will benefit from receiving direct representation and self-advocacy assistance regarding their disability rights in post-secondary education, public accommodations and government services. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. 3. Activities - The Legal Center will engage in negotiation, alternative dispute resolution, administrative remedies, and litigation, as well as provide information, referrals, and technical assistance to individuals to remedy disability discrimination in post-secondary education, public accommodations and government services.

Priority 4: Assistance to Remedy Discrimination in Employment. 1. Identify Priority - Provide direct representation, advocacy, information, referrals, and technical assistance to remedy disability discrimination for individuals who experience disability discrimination in the employment setting. 2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs will benefit from receiving direct representation and self-advocacy assistance regarding their disability rights in employment. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. 3. Activities - The Legal Center will engage in negotiation, alternative dispute resolution, administrative remedies, and/or litigation to remedy disability discrimination in employment. Additionally, The Legal Center shall provide information, referrals, and technical assistance to assist individuals who experience disability discrimination in employment to assist them in self-advocating for their disability rights.

Priority 5: Information and Referrals Addressing the Needs of Persons with Disabilities. 1. Identify Priority - The Legal Center will provide information on and make referrals to programs and services addressing the needs of persons with disabilities in Colorado who are ineligible for other federally funded protection and advocacy programs and do not fall within other PAIR objectives and priorities. 2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs will benefit from being provided with information and referrals addressing the needs of persons with disabilities in Colorado. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. Additionally, The Legal Center is obligated to provide such information and referrals under its federal statutory and regulatory mandate. 3. Activities - The Legal Center shall provide to persons with disabilities information on and make referrals to programs and services addressing the needs of persons with disabilities in Colorado.

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:

FY 2011 P&A Grant 244,834. Court Awards 9,250. Other Unrestricted Resources 43,302. TOTAL ALL SOURCES 297,386.

B. FY 2011 EXPENSES Human Resources Flexible Benefits 11,045.31 Salaries 173,070.34 Contract Employees 998.72 Insurances 21,906.64 Worker’s Compensation 416.76 Unemployement Tax 151.59 FICA Expense 13,461.81 TSA Expense 12,991.22 Misc. personnel expenses 49.95 Total Human Resources 234,092.35 Operating Expenses Accounting Services 981.49 Auditing Fees 1,338.65 Legal Fees 1.05 Consultant Fees 464.02 Litigation Expenses 774.10 Travel 1,053.73 Staff & Board Developmnt 1,478.82 NAPAS Conference Exp. 538.04 Meeting Expenses 935.16 Public Relations 48.55 Training Expense 80.32 Office & General Supplies 2,705.24 Equipment Purchased 841.35 Leased Equipment 841.01 Equipment Maintenance 665.50 Computer System Expense 1,165.13 Rent 34,362.44 Building Maintenance 497.29 Interest Expense capital lease 126.71 Telephone 2,780.16 Postage 715.65 Printing/Copying 1,382.01 Subscriptions/Reference 3,404.65 Dues & Memberships 2,312.38 Malpractice Insurance 1,226.98 Business Insurance 254.81 Accomodation Services 554.50 Depreciation 842.10 Publication Expense 38.02 File Storage 882.09 Miscellaneous expense 1.53 Total Operating Expenses 63,293.48 TOTAL EXPENSES 297,385.83

C. Description of PAIR staff (fte%)

PAIR Attorney Coordinator 63.7% Rights Advocate 99.6% Rights Advocate 42.7% Rights Advocate 17.0% Attorney 17.1% Attorney 12.4% Director Legal Services 8.4% Rights Advocate Attorney 10.5% Attorney 8.9% Executive Director 12.1% Dir. Admin Services 12.9% Office Manager 11.7% Financial Manager 12.7% Administrative Assistant 12.8% Administrative Assistant 10.3% Administrative Assistant 5.7% Director of Development 1.4%

TOTAL FTEs 3.6

D. Involvement with advisory boards: NONE this fiscal year

E. Grievances filed under the grievance procedure: NONE

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: THESE PROGRAMS ARE PART OF THE AGENCY

Certification

Signed?Yes
Signed ByMary Anne Harvey
TitleExecutive Director
Signed Date12/21/2011