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

Kansas (DISABILITY RIGHTS CENTER OF KANSAS) - H240A110017 - FY2011

General Information

Designated Agency Identification

NameDisability Rights Center of Kansas
Address635 SW Harrison Suite 100
Address Line 2
CityTopeka
StateKansas
Zip Code66603
E-mail Addressrocky@drckansas.org
Website Address
Phone785-273-9661
TTY 877-335-3725
Toll-free Phone877-776-1541
Toll-free TTY877-335-3725
Fax785-273-9414
Name of P&A Executive DirectorRocky Nichols
Name of PAIR Director/Coordinator
Person to contact regarding reportRocky Nichols
Contact Person phone785-273-9661
Ext.106

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 areas74
2. Individuals receiving I&R outside PAIR priority areas0
3. Total individuals receiving I&R (lines A1 + A2)74

B. Training Activities

1. Number of trainings presented by PAIR staff130
2. Number of individuals who attended training (approximate)3,645

APSE National Conference, Employment First, 75

Annual Gov Con on Child Abuse, IJP, 20

At Expo, Fair Housing, 15

Bill Signing, Employment First, 15

BTC legislative rectption, Disability Concerns - Employment, 120

BTC Press Conference, Voting rights , 20

BTC Press Conference, Voting rights , 100

BTC Road Show, Indep KS Voting Rights, 70

Employment 1st Commission, , 10

Families Together Ann Meeting, SPED and Discipline, 25

House Children & Fam, S&R in schools, 45

House Social Services Budget, KNI, 50

HRSA Webinar, TBI Data,

KLS Attorney, Rep people with dis, 50

Mental Health Advocacy Day, Keynote speaker, 300

47 Parner Outreach and Colaborations, Variety of Topics, 568

Press Conference, Signing of ERO KCDC, 30

Recovery Conference, Emplyment Rights, 30

SEAC, Seclusion and Restraint in KS, 15

SEAC Public Comment, S&R in schools, 15

Tesimony, HB 2296 KNI Oversight, 50

Tesitfy Senate Ways & Means, KNI, 15

Testified at House Children & Fams, DD Waiver, 35

Testified at Senate Ways & Means, KNI, 70

Testify, HB 2336 Employment First, 50

Testify, Joint Comm on HCBS, 30

Testify house commers committee, HB 2336 Employment First, 30

Testify House Social Services, DD Waiting lists, 40

Testify to National Counil on Disabilities, DD institutional closure, 3

TILRC Speech, ADA Celebration Medicaid , 50

Voch Rehab, New Counselor Training, 15

What is an IJP?, 25

IDEA: Part C Transition Issues, 20

From Education to Employment, 5

What is an IJP? How does it work? , 250

Lost Voices in Special Education, 75

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff0
2. Newspaper/magazine/journal articles7
3. PSAs/videos aired5
4. Hits on the PAIR/P&A website10,082
5. Publications/booklets/brochures disseminated54,707
6. Other (specify separately)296,600

Narrative

This is the total media impact of the readership, viewership and listenership for the above media hits by DRC KS FFY 2011.

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)93
2. Additional individuals served during the year324
3. Total individuals served (lines A1 + A2)417
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)19

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 88

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility28
2. Employment61
3. Program access12
4. Housing97
5. Government benefits/services40
6. Transportation21
7. Education18
8. Assistive technology5
9. Voting0
10. Health care54
11. Insurance9
12. Non-government services7
13. Privacy rights5
14. Access to records4
15. Abuse10
16. Neglect8
17. Other58

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor146
2. Other representation found15
3. Individual withdrew complaint30
4. Appeals unsuccessful5
5. PAIR Services not needed due to individual's death, relocation etc.3
6. PAIR withdrew from case14
7. PAIR unable to take case because of lack of resources15
8. Individual case lacks legal merit90
9. Other6

Please explain

6-Not directly and or substantially a disability rights issue, but the matter rose to the level of providing technical assistance.

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-advocacy252
2. Short-term assistance77
3. Investigation/monitoring1
4. Negotiation4
5. Mediation/alternative dispute resolution0
6. Administrative hearings2
7. Litigation (including class actions)7
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 - 40
2. 5 - 2227
3. 23 - 59282
4. 60 - 6447
5. 65 and over61

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females232
2. Males185

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race17
2. American Indian or Alaskan Native7
3. Asian1
4. Black or African American44
5. Native Hawaiian or Other Pacific Islander0
6. White331
7. Two or more races2
8. Race/ethnicity unknown15

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent361
2. Parental or other family home26
3. Community residential home4
4. Foster care1
5. Nursing home11
6. Public institutional living arrangement0
7. Private institutional living arrangement1
8. Jail/prison/detention center3
9. Homeless3
10. Other living arrangements2
11. Living arrangements not known5

E. Primary Disability of Individuals Served

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

1. Blind/visual impairment19
2. Deaf/hard of hearing26
3. Deaf-blind5
4. Orthopedic impairment79
5. Mental illness16
6. Substance abuse0
7. Mental retardation3
8. Learning disability18
9. Neurological impairment33
10. Respiratory impairment21
11. Heart/other circulatory impairment36
12. Muscular/skeletal impairment77
13. Speech impairment3
14. AIDS/HIV1
15. Traumatic brain injury4
16. Other disability76

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 changes429,687

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.

Due in large part to the longtime support and leadership of the Disability Rights Center of Kansas, House Bill 2336 - the Employment First Initiative - was passed this year.

DRC wrote the bill, and along with the Kansas Council on Developmental Disabilities, shepherded the bill through the complex legislative process. DRC’s support for the initiative proved vital in a number of ways: well crafted policy position; effective partnering with self-advocates; leadership in collaboration; successful coalition building; strategic communications to policymakers.

Now that Employment First is the official state law of Kansas we have reached a milestone for the rights of any Kansan with a disability who seeks integrated and competitive employment. Advocates from across the nation are taking note and looking to apply DRC’s strategies in order to imitate the success of Employment 1st. In fact, we know of at least one other state that has followed Kansas’ lead and enacted a similar law based on our new Employment 1st law.

Ultimately, Kansas policymakers shared DRC’s belief that all Kansans with disabilities should have competitive and integrated employment as the preferred and first option. This ensures dignity, self respect and self-sufficiency. Employment is fundamental to adulthood, quality of life, individual productivity, self-worth, and earning the means to exercise freedoms and choices available to all citizens. This success means that we are crafting an educational and adult service system that expects, supports, and rewards integrated and competitive employment as the first option for every Kansan with a disability.

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts0
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.

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.

Priority 1: 1. Identify and describe the priority.Serious Abuse, Neglect or Exploitation: DRC will provide advocacy, including investigations and monitoring, for the disability rights of Kansans who are at risk of, or have experienced serious abuse, neglect or exploitation.

2. Identify the need, issue or barrier addressed by this priority.PAIR eligible persons with disabilities are often vulnerable to abuse, neglect or exploitation. DRC receives reports that need to be investigated and remedied with disability rights advocacy.3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities who have experienced, or are at imminent risk of significant abuse, neglect or exploitation, specifically in situations where no other investigation is done or where there is clear evidence regarding the effectiveness of the investigation. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.DRC worked closely with the Governor’s Interagency Council on Abuse, Neglect and Exploitation, the Kansas Attorney Generals office, other state protective services agencies (Adult Protective Services, etc.) and Kansas policymakers in order to bring greater focus to abuse, neglect and exploitation of persons with disabilities. The result of this was the production of a report in early FFY 2007 which outlines action steps to reform the system that investigates abuse, neglect and exploitation in Kansas. DRC has worked proactively with the Governor’s sub-cabinet in advocating to advance the recommendations in that report. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. DRC provided disability rights advocacy to 76 persons in 77 service requests.6. Provide at least one case summary that demonstrates the impact of the priority.JW has quadriplegia due to an auto accident when she was 12 years old. She has two part-time jobs and receives attendant care services on the HCBS waiver for people with physical disabilities. She did not self direct her services so she did not have much control over the attendants selected to provide her services. JW had significant difficulties with the attendants not showing up for work and when they did, neglecting her daily medical and living needs which created medical issues and lessened the quality of her life. In particular, the attendants were not following the necessary procedures in her bowel elimination program. A DRC advocate gave JW technical assistance in ways to self-advocate for changes in her services and self-direct her care. JW used the technical assistance to change her plan of care so she self-directed her services, giving her more control over selecting her attendants and supervising their work.

Priority 2: 1. Identify and describe the priority.Community Services & Health Care: DRC will provide advocacy for the disability rights of Kansans to access community-based services, supports and health care, including Medicaid, Medicare, mental health services, long-term care, assistive technology, independent living and home and community-based services

2. Identify the need, issue or barrier addressed by this priority.Many PAIR eligible persons with disabilities continue to experience problems with access to available and appropriate community services and health care, including, but not limited to personal assistance services, employment search and preparation services, sign language interpreters, medical services under Medicaid, Home and Community Based Services under the PD Waiver and numerous other services.3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.

Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities when their legal right to healthcare (including Medicaid, Medicare, mental health services, long-term care, home and community based services, etc.) are being denied inappropriately.4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.DRC worked cooperatively with numerous other disability groups to advocate for elimination of waiting lists on all HCBS waivers and increase the number of PAIR eligible persons to live in the community rather than more restrictive settings, e.g., skilled nursing facilities, adult care homes, etc. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. DRC provided disability rights advocacy to 88 persons in 89 service requests

6. Provide at least one case summary that demonstrates the impact of the priority.SRS reduced CR’s PD Waiver attendant care hours after he moved in with his brother. His brother was CR’s primary attendant. A DRC attorney filed a request for an administrative hearing and negotiated a new plan of care restoring a sufficient number of paid hours to meet CR’s needs.

Priority 3: 1. Identify and describe the priority.Employment: DRC will provide advocacy for the disability rights of Kansans who are experiencing barriers to employment.

2. Identify the need, issue or barrier addressed by this priority.Many PAIR eligible persons with disabilities continue to experience problems with barriers to employment. People with disabilities face many aspects of employment.

3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.

Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities when their legal rights to employment and have barriers to employment.4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.DRC worked cooperatively with numerous other disability groups to advocate for an Employment First Policy in Kansas. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. DRC provided disability rights advocacy to 59 persons in 61 service requests

6. Provide at least one case summary that demonstrates the impact of the priority.

BJM has dyslexia and has worked full-time at Petco for more than 13 years. She has trouble working the cash register and was not required to work it. A new manager started and immediately told BJM that she had to work the cash register or go to part-time, and she would lose her health insurance. DRC staff represented BJM to obtain accommodations which enabled her to work the cash register well enough to retain full-time employment.

Priority 41. Identify and describe the priority.Community Integration: DRC will provide advocacy for the disability rights of Kansans residing in institutions, and other restrictive settings, to assert their right to access appropriate services and supports in the most integrated setting.

2. Identify the need, issue or barrier addressed by this priority.PAIR eligible people with disabilities are forced to reside in nursing homes and other institutions instead of being supported to live in the most integrated, community-based setting. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities living in institutions or other restrictive settings, or who are being threatened with institutionalization, to enforce their rights to long term care services and supports delivered in the most integrated setting.4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.DRC worked with disability advocacy organizations and service providers to raise awareness on the rights of people with disabilities to live in the most integrated, community-based setting. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. DRC provided disability rights advocacy to 5 persons in 5 service requests.6. Provide at least one case summary that demonstrates the impact of the priority.RC was at a Topeka nursing facility because of complications for her brittle diabetes. She was ready to be discharged and had independent living center had assisted client in finding housing and setting up waiver services for client in her own apartment but, the nursing facilities’ doctor was refusing to sign the necessary orders for client’s discharge. Without these orders, client’s care attendants would not be authorized to provide in-home care; thus, this was a barrier to discharge. A DRC attorney wrote a letter to the NF/Dr. regarding the matter, and the necessary and appropriate orders were then signed and client was discharged.

Priority 5: 1. Identify and describe the priority.Accessibility: DRC will provide advocacy for the disability rights of Kansans to remove physical and program barriers to an accessible society by protecting their rights under the ADA (Americans with Disabilities Act), the Rehabilitation Act, voting rights and other applicable disability rights laws.

2. Identify the need, issue or barrier addressed by this priority.Persons with disabilities continue to complain of significant to accessing public and private services and places of public accommodation.3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities where significant violations are identified of Title II and III of the ADA, and work out accommodations between the violators and the consumer.4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.DRC worked with disability advocacy groups, service providers and governmental agencies to promote the right of people with disabilities to have accessible government services and places of public accommodation, etc. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. DRC provided disability rights advocacy to 86 persons with 86 service requests.6. Provide at least one case summary that demonstrates the impact of the priority.BB has a mobility difficulty and uses a wheelchair. She lives in an apartment complex without suitable accessible parking. DRC staff contacted the apartment complex and successfully advocated for her to obtain the accessible parking spot.

Priority 6:

1. Identify and describe the priority.Special Education: DRC will provide advocacy for Kansas students to enforce their right to special education and related services in the least restrictive environment and protect against inappropriate discipline involving behavior, which is a manifestation of the student’s disability.

2. Identify the need, issue or barrier addressed by this priority.Students with disabilities continue to report significant problems in obtaining or maintaining Free Appropriate Education and Least Restrictive Environment in education as promised by IDEA and Section 504 of the Rehabilitation Act.3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.Provide legal representation and advocacy, when agency resources permit, to students with disabilities in mediation or due process situations where significant non-compliance of appropriate educational services occurs.4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.DRC collaborated closely with Keys for Networking and Families Together to ensure more coordinated, effective special education advocacy services for students with disabilities. DRC, Keys and Families Together are the three agencies that are the most engaged in special education advocacy in Kansas. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions.DRC provided disability rights advocacy for 14 persons with 14 service requests.6. Provide at least one case summary that demonstrates the impact of the priority.

EB is a nine year old boy in third grade. He has a vision impairment that causes tracking and convergence issues. EB’s mother contacted DRC for assistance in obtaining special education and related services for their son. A DRC attorney provided technical assistance to his mother on eligibility requirements for a section 504 Plan and an IEP. Following the DRC’s self-advocacy advice, EB’s mother successfully advocated for the school district to provide special education and related services.

Priority 7: 1. Identify and describe the priority.DRC will provide advocacy for the disability rights of Kansans whose rights to housing have been violated under the Fair Housing Amendments Act, Rehabilitation Act or other applicable disability housing laws.

2. Identify the need, issue or barrier addressed by this priority.Persons with disabilities continue to report significant challenges in locating and obtaining safe, affordable, decent and accessible housing due to lack of resources and discrimination. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities whose housing rights under the Fair Housing Act Amendments or the Rehabilitation Act are being denied because of their disability.1. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.DRC worked with independent living centers, disability organizations, the Kansas Housing Resources Corporation, and local housing authorities in advocating for the housing rights of people with disabilities. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. DRC provided disability rights advocacy to 89 persons with 92 service requests.6. Provide at least one case summary that demonstrates the impact of the priority.

SM has a mobility disability. She contacted DRC after receiving a letter from her Section 8 housing provider threatening eviction. A DRC attorney successfully advocated on her behalf to keep her housing assistance, avoid eviction, and allow her to move to another subsidized apartment complex that was much more accommodating.

Priority 8:

1. Identify and describe the priority.Guardians & Other Legal Decision Makers: DRC will provide advocacy for the disability rights of Kansans to pursue alternatives to guardianship/conservatorship, to end guardianship/conservatorship when it is no longer necessary, to change guardians/conservators in cases of abuse or neglect, or to hold other legal decision makers (representative payees, trustees, etc.) accountable for violating the rights of the person with a disability.

2. Identify the need, issue or barrier addressed by this priority.Though far fewer PAIR eligible persons with disabilities are subject to guardianship/conservatorship (because cognitive or mental impairment is generally a requirement of guardianship), some limited numbers of PAIR eligible persons can be helped by this priority (persons with acquired head injuries, acquired cognitive impairment after age 21, mental illness that does not meet the significant standard of PAIMI, etc.). Persons with disabilities are improperly subjected to guardianships or conservatorships, which greatly restrict their rights and liberty. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. Provide legal representation and advocacy, when agency resources permit, when inappropriate use of guardianship/conservatorship has caused a substantial impact upon the liberty of the individual with a disability and the individual no longer wants or needs a guardian/conservator. This includes using legal and advocacy methods to promote alternatives to guardianship/conservatorship. The emphasis of this priority is on restoration of rights over establishing successor guardians/conservators. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.DRC worked with the Kansas Guardianship Committee of the Judicial Council, consumer organizations, service providers and other disability advocacy groups to promote the fact that guardianships are being over used in Kansas and to work on progressive public policy changes that protect the rights of people with disabilities. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. DRC provided disability rights advocacy to 12 persons in 12 service requests.6. Provide at least one case summary that demonstrates the impact of the priority.JF has a guardian because a car accident and subsequent strokes severely restricts his ability to communicate. A DRC attorney represented JF in an action to replace his current guardian, a stranger, with his sister, JF’s clear preference. This representation allowed JF to maintain his current independent living situation and have a more workable situation with his guardian.

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.

PRIORITY 1 - Serious Abuse, Neglect or Exploitation - DRC will provide advocacy, including investigations and monitoring, for the disability rights of Kansans who are at risk of, or have experienced serious abuse, neglect or exploitation.

Need/population:PAIR eligible persons with disabilities are often vulnerable to abuse, neglect or exploitation. DRC receives reports that need to be investigated and remedied with disability rights advocacy. Description of activities:Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities who have experienced, or are at imminent risk of significant abuse, neglect or exploitation, specifically in situations where no other investigation is done or where there is clear evidence regarding the effectiveness of the investigation. PRIORITY 2 - Community Services & Health Care - DRC will provide advocacy for the disability rights of Kansans to access community-based services, supports and health care, including Medicaid, Medicare, mental health services, long-term care, assistive technology, independent living and home and community-based services.

Need/population:Many PAIR eligible persons with disabilities continue to experience problems with access to available and appropriate community services and healthcare, including, but not limited to personal assistance services and medical services under Medicaid and Medicare. Description of activities:Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities when their legal right to community services and healthcare (including Medicaid, Medicare, mental health services, long-term care, home and community based services, etc.) are being denied inappropriately.

PRIORITY 3 - Employment - DRC will provide advocacy for the disability rights of Kansans who are experiencing barriers to employment.

Need/population:Many PAIR eligible persons with disabilities continue to experience barriers to employment.

Description of activities:Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities who are experiencing barriers to employment.

PRIORITY 4 - Community Integration - DRC will provide advocacy for the disability rights of Kansans residing in institutions, and other restrictive settings, to assert their right to access appropriate community-based services and supports in the most integrated setting. A focus of the services provided under this priority is to actively ensure that people with disabilities move from institutionally-based long-term care (ICFs-MR, NFMHs, PRTFs, NF’s, etc.) to more inclusive and community based long-term care supports and services, including legal advocacy to close or reduce institutional beds.

Need/population:Many PAIR eligible persons with disabilities continue to be denied access to home and community based long-term care services and instead are forced to seek institutional care.Description of activities:Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities living in institutions or other restrictive settings, or who are being threatened with institutionalization, to enforce their rights to long term care services and supports delivered in the most integrated setting.

PRIORITY 5 - Accessibility - DRC will provide advocacy for the disability rights of Kansans to remove physical and program barriers to an accessible society by protecting their rights under the ADA (Americans with Disabilities Act), the Rehabilitation Act, voting rights and other applicable disability rights laws.

Need/population:Persons with disabilities continue to complain of significant barriers to accessing public and private services and places of public accommodation.Description of activities:Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities where significant violations are identified of Title II and III of the ADA, and work out accommodations between the violators and the consumer.

PRIORITY 6 - Special Education - DRC will provide advocacy for Kansas students to enforce their right to special education and related services in the least restrictive environment and protect against inappropriate discipline involving behavior, which is a manifestation of the student’s disability.

Need/population:Persons with disabilities continue to report significant problems in obtaining or maintaining Free Appropriate Education and Least Restrictive Environment in education as promised by IDEA and Section 504 of the Rehabilitation Act. Though few students with disabilities in special education are PAIR eligible, DRC continues this priority as a safety net to ensure that all students in special education have access to our special education advocacy.Description of activities:Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities whose right to special education and related services are violated.

PRIORITY 7 - Fair Housing - DRC will provide advocacy for the disability rights of Kansans whose rights to housing have been violated under the Fair Housing Amendments Act, Rehabilitation Act or other applicable disability housing laws.

Need/population:Persons with disabilities continue to report significant challenges in locating and obtaining safe, affordable, decent and accessible housing due to lack of resources and discriminationDescription of activities:Provide legal representation and advocacy, when agency resources permit, to individuals whose right to housing is violated.

PRIORITY 8 - Accountability of Guardians & Other Legal Decision Makers DRC will provide advocacy for the disability rights of Kansans to pursue alternatives to guardianship/conservatorship, to end guardianship/conservatorship when it is no longer necessary, to change guardians/conservators in cases of abuse or neglect, or to hold other legal decision makers (representative payees, trustees, etc.) accountable for violating the rights of the person with a disability.

Need/population:Though far fewer PAIR eligible persons with disabilities are subject to guardianship/conservatorship (because cognitive or mental impairment is a requirement of guardianship), some limited numbers of PAIR eligible persons can be helped by this priority (persons with acquired head injuries, acquired cognitive impairment after age 21, mental illness that does not meet the significant mental illness standard of PAIMI, etc.). Persons with disabilities are improperly subjected to guardianships or conservatorships, which greatly restrict their rights and liberty. Description of activities: Provide legal representation and advocacy, when agency resources permit, when inappropriate use of guardianship/conservatorship has caused a substantial impact upon the liberty of the individual with a disability and the individual no longer wants or needs a guardian/conservator. This includes using legal and advocacy methods to promote alternatives to guardianship/conservatorship. The emphasis of this priority is on restoration of rights over establishing successor guardians/conservators.

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 & expended: Specify the total funds received and expenditure of funds used in providing services to PAIR-eligible individuals according to the source of funding. Provide this information even if the agency’s only source of funding is the Federal formula grant. The following chart is recommended:Source of funding Received & expended on individualsFederal funds $179,306State funds 0All other funds 0Total from all sources $179,306The "all other" category is broad and includes funds from local governments, earned income (e.g., legal fees), charitable contributions, and other grants or contracts. This category does not include in-kind donations. However, it is hoped that agencies will collect this information separately if appropriate.b. Budget for current and following fiscal years: Be sure to outline the budget for the current and subsequent fiscal years. This item should include a breakdown of dollars expended/allotted for administrative costs (e.g., salaries for personnel, equipment, etc.); and services to individuals and other expenses (e.g., training of staff, travel, etc.). The following chart is recommended:Category FFY 2011 FFY 2012Wages & Salaries $104,162 $101,175Fringe Benefits 28,825 31,650Materials/Supplies 2,061 2,140Postage 732 642Telephone 3,666 1,990Rent 10,260 8,666Travel 3,715 5,884Copying 0 0Bonding/Insurance 1,650 1,177Equip Rent/Purchase 2,130 1,605Legal Services 0 0Indirect Costs 0 0Miscellaneous 22,105 20,071Total Budget $179,306 $175,000C.Number of person-years: "Person-years" refer to the actual time that positions (both professional and clerical) were filled during the period covered by this annual report. If a position was filled throughout the year, it counts as one person-year. Positions filled for any fraction of the fiscal year should be expressed in "full-time equivalents.Person-years should be reported for all PAIR personnel whose salaries are paid totally or partially by PAIR funds. Identify the number of person-years staffing PAIR this fiscal year. Be sure to include an explanation of the number of full-time, part-time, and vacant positions. Enter the full-time equivalent for all part-time positions. The following chart is recommended:Type of position FTE % yr filled Person-yearsExecutive Director 1 100% 1Deputy Director - Administrative Division 1 100% 1Deputy Director - Legal Division 1 100% 1Case Attorneys 5 100% 5Case Advocates 4.5 100% 4.5Office Assistant 1 100% 1

Administrative Assistant 1 100% 1Outreach/Special Projects Director 1 100% 1

Duties:Executive Director - Overall leader and director of the agency. Administrative head of the agency. Employs staff (hires/fires). Ensures accountability, effectiveness and efficiency of agency’s programs and services.Deputy Director - Administrative Division - Responsible for accounting, bookkeeping, accounts receivable & payable, building and lease issues, human resources, etc. Supervises the Office Assistant and Outreach / Special Projects Director.Deputy Director - Legal Division - Responsible for legal work product of the agency. Supervises the staff attorneys and advocates. Carries an active caseload. Prosecutes cases. Case Attorneys - Provide legal representation.Case Advocates - Provide advocacy representation and case advocacy. Office Assistant - Answers phones, does office and administrative tasks, etc.

Administrative Assistant - Provides administrative support to the legal division and assists with general administrative tasks for the entire agency.Outreach & Special Projects Director - manages the tasks associated with outreach, communications/public relations, marketing/publications, and administrative office functions of the agency.D. Involvement with advisory boards: Identify in what ways, if any, is PAIR involved with advisory boards. Include here any information regarding PAIR’s involvement with the P&A’s advisory board (if applicable). N/AE. Grievances filed: The Act requires that PAIR establish a grievance procedure to handle any complaints by clients regarding the services received/not received from PAIR. Provide a description of the issues involved in any grievances filed against PAIR during the fiscal year covered by this report. Explain why the individual filed the grievance and describe the outcome of the grievance process for each complaint. You should not include personally identifying information regarding the individual served. There were no PAIR grievances filed in FFY 2011. F. Coordination with the CAP and the State long-term care program: In some States, the CAP and the State’s long-term care programs are not part of the designated P&A agency, which administers the PAIR program. However, the Act mandates that PAIR coordinate its activities with the CAP and the long-term care programs. If the CAP and/or the long-term care program is not a part of your P&A, describe how PAIR coordinates its activities with those entities.DRC and the Long-Term Care Ombudsman Program have met several times to improve collaboration and cooperation between our two agencies. DRC will continue to work closely with the LTCO to improve the delivery of advocacy services for seniors and people with disabilities. CAP is an internal program of DRC, so it is fully integrated and coordinated with the PAIR program.

Certification

Signed?Yes
Signed ByRocky Nichols
TitleExecutive Director
Signed Date11/30/2011