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

Colorado (Center for Legal Advocacy) - H240A120006 - FY2012

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 areas284
2. Individuals receiving I&R outside PAIR priority areas297
3. Total individuals receiving I&R (lines A1 + A2)581

B. Training Activities

1. Number of trainings presented by PAIR staff8
2. Number of individuals who attended training (approximate)419

FY2012 Trainings

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 International Dyslexia Association. The session was a formal presentation followed by a question and answer session. Approximately 60 people attended.

PAIR staff presented two 90 minute sessions on the ADA, reasonable accommodations and disability etiquette to staff at the Mesa County Library. Over the two days, a total of 53 people attended the trainings.

The Legal Center’s Legal Services Director presented two separate trainings to parents, teachers and administrators in the Basalt School District regarding issues and rights under the ADA, § 504 and the IDEA. Fifty teachers and administrators attended the first session and 30 parents attended the second session.

PAIR staff presented to staff, consumers and the public at the Center for Independence’s conference on Low Vision. The presentation included information about The Legal Center, its mission and scope of services. There were 106 total people in attendance, including staff and consumers.

The PAIR coordinator presented a CLE regarding Service and Companion Animals under the ADA and other disability laws. It was a formal presentation followed by questions and answers. Approximately 20 people attended.

PAIR staff presented a training to teachers, administrators and service providers in the Alamosa School District regarding the use of restraint in schools. It was a formal power-point presentation and over 100 people attended.

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 website66,373
5. Publications/booklets/brochures disseminated19
6. Other (specify separately)1

Narrative

Randy Chapman’s Ability Blog -17,400 hits for FY12 and over 85,000 since its inception.

• But I Don’t Want Elder Care! — A book helping people living independently in their homes instead of in a long-term care setting. -111 copies sold/distributed

• GuÍa de le Ley de Educación Especial — the Spanish translation of The Everyday Guide. — 176 copies sold/distributed

• The Everyday Guide to Special Education Law, Second Edition — a reader-friendly guide top special education law. — 1,406 copies sold/distributed

• Preventing Litigation in Special Education Workbook — this workbook uses case examples to explain issues that often arise in special education. 476 copies sold/distributed

• Mainstream Newsletter — published twice a year, approximately 5,000 subscribers. The newsletter is also distributed at presentations and is available on the website. 10,000 mailed/distributed

• e-newsletter — monthly — covers information about The Legal Center and accomplishments. 500 subscribers

• Agency brochure — general information about the organization and programs. Approximately 600 copies distributed

• PAIMI Brochure —more detailed information about the Protection & Advocacy for Individuals with Mental Illness Program. Approximately 100 copies distributed

• PAIMI Brochure Spanish - approximately 25 copies

• VOTE! Program Brochure — Information about accessibility in polling places and the voting process. — Approximately 700 copies distributed

• Client Assistance Program Brochure — Information about the Client Assistance Program —approximately 400 copies distributed

• Client Assistance Program Brochure Spanish —approximately 100 copies distributed

• PABSS Brochure — Protection and Advocacy for Beneficiaries of Social Security Program information. — approximately 75 copies distributed

• PABSS Brochure Spanish —approximately 20

• Ombudsman Program Brochure — Information about the Colorado Long-Term Care Ombudsman Program and how they can assist with concerns and complaints in long-term care. — approx. 200

• Ombudsman Program Poster — these posters are posted in nursing homes and assisted living residences so that residents and family know who to contact with concerns and complaints. — 150 distributed

• Ombudsman Program and Legal Assistance Developer Annual Report — reports the statistical data and accomplishments of the Older Americans Program, regional ombudsmen and local legal providers. — approximately 1,500

• Ombudsman Program bookmark — the bookmark includes contact information of who to call in the event of a complaint in a long-term care setting. Approx. 4,000

• Housing packet — Information about an individual’s rights when they have been discriminated against in housing. This information is also available on our website. — approx. 25

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)48
2. Additional individuals served during the year80
3. Total individuals served (lines A1 + A2)128
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)5

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 31

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility5
2. Employment36
3. Program access3
4. Housing27
5. Government benefits/services31
6. Transportation0
7. Education7
8. Assistive technology0
9. Voting0
10. Health care7
11. Insurance1
12. Non-government services5
13. Privacy rights1
14. Access to records0
15. Abuse0
16. Neglect0
17. Other10

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor55
2. Other representation found2
3. Individual withdrew complaint16
4. Appeals unsuccessful8
5. PAIR Services not needed due to individual's death, relocation etc.4
6. PAIR withdrew from case1
7. PAIR unable to take case because of lack of resources0
8. Individual case lacks legal merit10
9. Other6

Please explain

Referral made to client to obtain legal counsel Case previously closed Referral to outside attorney Suggested client follow-up with police Duplicate case Technical assistance in self-advocacy

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-advocacy7
2. Short-term assistance77
3. Investigation/monitoring0
4. Negotiation9
5. Mediation/alternative dispute resolution5
6. Administrative hearings0
7. Litigation (including class actions)2
8. Systemic/policy activities2

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 - 227
3. 23 - 59109
4. 60 - 644
5. 65 and over7

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females43
2. Males85

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race16
2. American Indian or Alaskan Native0
3. Asian0
4. Black or African American12
5. Native Hawaiian or Other Pacific Islander0
6. White98
7. Two or more races0
8. Race/ethnicity unknown2

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent93
2. Parental or other family home15
3. Community residential home1
4. Foster care0
5. Nursing home3
6. Public institutional living arrangement0
7. Private institutional living arrangement0
8. Jail/prison/detention center1
9. Homeless6
10. Other living arrangements4
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 impairment4
2. Deaf/hard of hearing6
3. Deaf-blind2
4. Orthopedic impairment13
5. Mental illness16
6. Substance abuse0
7. Mental retardation3
8. Learning disability3
9. Neurological impairment8
10. Respiratory impairment1
11. Heart/other circulatory impairment1
12. Muscular/skeletal impairment3
13. Speech impairment0
14. AIDS/HIV63
15. Traumatic brain injury2
16. Other disability3

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities2

2. Number of individuals potentially impacted by policy changes10,500

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 worked with a client with a cochlear implant and on behalf of him and all others similarly situated, we provided public comment to Colorado’s Health Care Policy and Finance regarding its draft Speech-Language and Hearing Service Policy. Specifically, we urged that the Speech-Language and Hearing Policy be amended to include coverage for cochlear ear implant replacement parts and maintenance. This benefits the more than 10,000 people who are deaf and living in Colorado.

***PAIR staff members were contacted by a Community Center Board regarding a family living in one of Denver Metro’s municipalities who was having trouble due to a zoning ordinance prohibiting two young adults with disabilities from living together in a foster care situation. The zoning laws did not allow for any reasonable accommodation exceptions. We contacted the City Attorney, who after negotiations and legal argument, ultimately agreed to draft a reasonable accommodation provision for the zoning ordinance. In January 2012, the ordinance passed City Council and became part of the zoning law. This benefits the over 500 people who either want to foster young adults with disabilities or are young adults with disabilities themselves.

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts100,000
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.

Once again, PAIR staff was active in FY2012 in filing and pursuing administrative cases. Though we typically prefer to remedy issues directly with an organization, when necessary, we file administrative complaints in any of the following areas: ***Disability discrimination complaints in the workplace — we file complaints with the Equal Employment Opportunity Commission (“EEOC”) or the Colorado Civil Rights Division (“CCRD”). ***Disability discrimination complaints against housing providers - we file complaints with the CCRD, the U.S. Department of Housing and Urban Development, the U.S. Department of Justice Office of Fair Housing and/or the U.S. Department of Agriculture. ***Disability discrimination complaints against a public accommodation — we file complaints with the CCRD and/or the U.S. Department of Justice; ***Disability discrimination complaints in publicly funded post-secondary educational institutions — we file complaints with the U.S. Department of Education Office of Civil Rights (“OCR”). If we deemed it appropriate and necessary, we are also open to filing any of the above complaints in state or federal court. Similarly, we are open to filing or intervening in any state or federal case or class-action alleging discrimination against people with disabilities. In fact, in FY2012, we filed the following amicus in federal court: ***PAIR staff co-signed an amicus curiae brief with the 10th Circuit Court of Appeals urging an en banc review of its ruling in EEOC v. The Picture People. The case involved an employee who was deaf and faced discrimination in the workplace, violating the Americans with Disabilities Act (“ADA”). The employer argued, and the Court agreed, that the employee’s disability made her unable to perform the essential functions of her job. The EEOC disagreed and sought an appeal of the decision. The Legal Center joined with the National Association of the Deaf and the Legal Aid Society’s Employment Law Center in filing an amicus curiae brief. 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, as well. In addition to the amicus curiae brief mentioned above, some other examples of cases include: ***PAIR staff represented a client in filing a disability discrimination complaint at the U.S. Department of Agriculture after the client was subject to eviction proceedings in state court. We believed that the client was only facing eviction due to disability-related behavior and that the eviction was discriminatory in nature. The housing complex is large and is subsidized by the U.S. Department of Agriculture. ***PAIR staff represented a nursing student with disabilities who alleged that his college and cooperating hospital were not properly accommodating his disability through his clinical work. PAIR staff filed the complaint with the OCR, who then transferred the complaint to the U.S. Department of Health and Human Services due to its medical involvement. This could affect all students attending that college and any student performing clinicals in that hospital. ***PAIR staff represented an employee filing a complaint with the EEOC against a very large national retailer regarding its treatment of employees with hearing impairments. This could affect people with hearing impairments across the country.

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.

PAIR FY 2012 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. 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 Authority, as well as individual members of the private bar who accept such cases.

5. Provide the number of cases handled under this priority. Indicate how many of these, if any, were class action.

***21 cases and no class actions.

6. Provide at least one case summary that demonstrates the impact of the priority. ***PAIR staff helped a student who was living in a private dormitory and was seeking a reasonable accommodation to get out of his lease. He witnessed an assault in the dorm, which triggered anxiety problems related to his autism. The management company continually failed to respond to requests for a reasonable accommodation to allow him to move out early, so we filed a disability discrimination complaint with the Colorado Civil Rights Division. Very soon after filing the complaint, we reached an agreement in which the client was released from any obligations pertaining to the lease. ***PAIR staff were contacted by a client whose Home Owners’ Association was refusing to allow him to have his companion dog with him in his housing unit. We contacted the HOA’s lawyer, provided two follow-up documents from the client’s medical provider and finally were able to secure an exception from the “no dogs” policy for our client. ***PAIR staff were contacted by a client who was denied a unit in a subsidized housing complex because of her poor rental history. We determined that the poor rental history was directly related to the client’s disability. We had a meeting with the housing provider and explained reasonable accommodation laws and they agreed to provide necessary reasonable accommodations.

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. 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. Provide the number of cases handled under this priority. Indicate how many of these, if any, were class action.

***69 cases and no class actions.

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

***PAIR staff represented a man living with HIV who had mold develop in his subsidized apartment because of a faulty water heater. The situation grew worse due to the lack of follow up by his housing provider. With a note from Vincent’s physician indicating the mold represented an imminent danger to his health, PAIR staff filed a reasonable accommodation request with the management company. The request was granted, and the client was offered alternative housing until his apartment became habitable again. ***PAIR staff represented a woman who was blind and had HIV. She had no one available to assist her in obtaining a handicapped placard to be used when someone took her shopping, or to doctor’s appointments. PAIR staff assisted her in getting her placard application submitted. We also were able to work on getting her Colorado I.D. re-instated after it had expired one year ago. In the process, PAIR staff discovered that the client was eligible for the LEAP program, as well as receiving a free cell phone through Assurance Wireless. ***PAIR staff represented a man living with HIV who became disabled while working, and was hospitalized numerous times over the next ten months. He had submitted a request for long-term disability insurance through his carrier. He was denied twice. He then came to us requesting assistance in filling yet another appeal. PAIR staff reviewed his medical records, spoke with his providers, and submitted a third appeal. Ultimately, we were successful in overturning the denial. The client was awarded $17,500 in back benefits and is currently receiving $1750 a month.

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. Provide the number of cases handled under this priority. Indicate how many of these, if any, were class action.

***15 cases and no class actions.

6. Provide at least one case summary that demonstrates the impact of the priority. ***PAIR staff worked with a client whose young child had significant disabilities. Due to his needs, the daycare on the Army base where the client lived refused to allow his son to attend. The Army also refused to allow the client to use any on-base authorized babysitters. We contacted the private daycare and the Garrison Command on the Army base. After negotiations, the client was offered a discounted in-home day care option or free (subsidized by the Army) admission to the daycare center if he paid for a private aide.

***PAIR staff worked with a client who was deaf, homeless and living in a shelter with her daughter. The client was accessing services available through the shelter to help people transition out of homelessness into the community. However, because she was deaf, the client needed an ASL interpreter for longer or more important meetings and because she had no income, she could not afford to hire her own interpreter. The agency running the shelter refused to provide an interpreter, stating that the program was meant to build “self-sufficiency.” After negotiations failed, we filed a complaint with the Colorado Civil Rights Division and thereafter we were able to reach an agreement in which the client received a monetary settlement and the agency agreed to provide auxiliary aids and services in the future for clients who need them to participate in the agency’s programs.

***PAIR staff worked with a client who had physical disabilities and wanted to be able to access the grounds at a private horse park where his wife frequently showed horses. The horse park did not have accessible bathrooms, walkways, or entrances to the food and beverage facilities. Over the course of several months, we were able to work with the park managers, who finally agreed to provide the accessible elements required by law for our client — and others — to be able to use and enjoy the park.

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. Provide the number of cases handled under this priority. Indicate how many of these, if any, were class action.

***19 cases and no class actions.

6. Provide at least one case summary that demonstrates the impact of the priority. ***PAIR staff have been working with a client for several years regarding the discrimination, harassment and retaliation he suffered at work due to his disability. After filing a complaint with the Equal Employment Opportunity Commission, the client felt vindicated to receive a finding of Probable Cause of Discrimination.

***PAIR staff worked with a client for multiple months in discussions with her employer regarding her return to work following treatment for her cancer. We helped the client get back to work for the short term and then secure a settlement to allow her to leave the company, take some more time off and then find another job.

***PAIR staff worked with a client who applied for a job, but was denied employment because he was deaf and the store did not think he could perform the essential functions of the job of a stocker since he was deaf. After investigation, we felt strongly that the client could perform the essential functions of the job and we began negotiations with the store based on our belief that our client had faced discrimination. In response, the store ultimately offered our client a job and a monetary settlement to replace the income he would have made had he gotten the job when he first applied.

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. Provide the number of cases handled under this priority. Indicate how many of these, if any, were class action.

***2 individual cases, no class actions, 581 information and referrals.

6. Provide at least one case summary that demonstrates the impact of the priority. ***PAIR staff provided information to numerous private housing tenants with disabilities regarding their rights to 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 negotiate with a landlord and how to file a complaint of disability discrimination with the Colorado Civil Rights Division. We also provided many callers with a written legal memo which they could give to their housing provider as legal support regarding the law on service and companion animals. ***PAIR staff 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.

***PAIR staff spoke to many callers who were enrolled in colleges throughout the state and who, because of a disability, needed reasonable accommodations in college. We advised them on the law, advised them on how they should request accommodations and advised them how to file a complaint with the U.S. Department of Education Office of Civil Rights if they did not receive the accommodations they needed and requested. In some cases, we ultimately took on the case for individual representation, but in many more, the clients were able to use the technical assistance we provided and advocate successfully for themselves.

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 2013 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 — including issues involving service or companion animals - 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 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. The Legal Center will not be offering direct representation for clients in eviction proceedings.

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. Advocacy services may be provided to individuals whose concerns are specifically related to their HIV status. We provide 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, will benefit from being provided with assistance on issues related to disability discrimination in areas such as employment, housing, and confidentiality. We will provide information and technical assistance on public entitlement programs, and work related disability benefits such as Family 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, 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

Sources of funds received and expended

FY 2012 P&A Grant 243,699. Private contributions 250. Reimbursement of expenses 928. Other Organizational Resources 16,116.

TOTAL ALL SOURCES of FUNDS 260,993.

B. Expenses for the fiscal year covered by this report

EXPENSES Human Resources Salaries 161,641 Temporary Employees 666 HR Services 857 Insurances 22,871 Worker’s Compensation 399 Unemployement Tax 153 FICA Expense 11,430 TSA Expense 12,131 Other Personnel Expense 353

Total Human Resources 210,500

Operating Expenses Accounting Services 893 Auditing Fees 1,253 Legal Fees 1,553 Consultant Fees 293 Litigation Exp 145 Travel 644 Staff & Board Development 638 NDRN Conference Exp. 300 Meeting Expenses 1,227 Outreach 396 Office & General Supplies 1,420 Equipment Purchased 419 Leased Equipment 995 Equipment Maintenance 568 Computer System Expense 1,091 Rent and Utilities 25,826 Building Maintenance 497 Telephone 2,220 Postage 583 Printing/Copying 1,306 Subscriptions/Reference 3,190 Dues & Memberships 1,479 Malpractice Insurance 1,041 Business Insurance 232 Accomodation Services 318 Depreciation 1,250 File Storage 716

Total Operating Expenses 50,493

TOTAL EXPENSES 260,993

C. Description of PAIR staff (duties and person-years):

FY 2012 TOTAL FTEs: 3.04

PAIR Coordinator - Attorney 53.8% Attorney 6.9% Attorney 12.8% Attorney - Grand Junction 19.4% Advocate - Grand Junction 14.3% Dir. of Legal Services 7.5% Rights Advocate 38.5% Rights Advocates 84.9% Attorney 4.2%

Executive Director 10.1% Administrative Assistant 9.9% Financial Manager 8.7% Dir. Administrative Services 9.9% Office Manager 9.1% Administrative Assistant 8.8% Administrative Assistant 4.3% Development Director 1.2%

D. Involvement with advisory boards (if any): E. Grievances filed under the grievance procedure: no grievances

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 Date12/21/2012