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

Kansas (DISABILITY RIGHTS CENTER OF KANSAS) - H240A120017 - FY2012

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 areas10
2. Individuals receiving I&R outside PAIR priority areas17
3. Total individuals receiving I&R (lines A1 + A2)27

B. Training Activities

1. Number of trainings presented by PAIR staff136
2. Number of individuals who attended training (approximate)5,020

AT K Expo, DRC Service & Voting Rights, 60Bazelon Center Training, Olmstead, 50Corrections JJA, Deversion , 30Corrections JJA, Involuntary Civil Committement, 30County Election Officers/SOS, Voting Rights, 12Deaf/HH Council, DRC Service & Voting Rights, 30Disability SubCabinet, Disability Issues, 20Disability SubCabinet, Disability Issues, 20Douglass County, End The Wait, 25Douglass County, End The Wait, 12DRC, End The Wait, 41Employment First, Employment, 250Employment First , Employment/Voting, 2509 Employment First Commission, Employment First, 135Eskridge NFMH, Voting & Good Citezinship, 10Event, Name of Presentation, PeopleFTStatewide Conference, Employment First, 350Haviland NFMH, Voting Rights, 35House Testimony, DD Carve Out Hearing, 20House Testimony, , 30House Testimony, Social Service Budget, 50Hutch NAACP Housing Symposium, Housing Discrimination, 10JoCo, End The Wait, 65JOCO Transition Council, Managed Care, 35Kan Care Open Hearing, KanCare, 120KCA Townhall, Managed Care, 160KCART, Access to services for KS with Autism, 25KU, End The Wait, 25KU, End the Wait, 30LT Gov Meeting, Disability Issues, 20Mental Health Advocacy Day, Disability Issues & Voting Reg, 250NAIMI Council, Voting Rights, 15NAMI Conference, Involuntary Civil Committement, 20OCCK Salina, Employment Rights, 1060 Parter Outreach and Collaboration, Variety of Topics, 958Partner in Policy Making, End the Wait, 19Peabody, Voting & Good Citezinship, 12PILR, Fair Housing, 27Poverty Conference, DRC Service & Voting Rights, 40Press Conferenct, Managed Care, 30Press Conferenct, Seclusion & Restraint, 40Push Day, End The Wait, 325SACK Conference, End The Wait, 50SACK Conference, employment First, 50SACK Conference, Voting Rights, 250SBOE, Seclusion & Restraint, 50SBOE, Seclusion & Restraint, 50SDSI, End The Wait, 12SEAC, Seclusion & Restraint, 25Sedgwick Co, End The Wait, 15Senate Testimony, Pub Health & Welfare, 60Senate Testimony, Public Health & Welfare, 65Senate Testimony, Public Health & Welfare, 45Senate Testimony, , 20TBI Conference, Employment Rights, 30Testify, PRTFs, 50Testify Education, Seclusion & Restraint, 65Testify HHWC, Managed Care, 35Testify Senate Education, Seclusion & Restraint, 65Testimony, Seclusion & Restraint, 40Testimony, Appropriations, 35Testimony, Corrections and JJ, 45Testimony , Seclusion & Restraint, 45Valley Falls NFMH, Voting & Good Citezinship, 8Webinar, Employment First, 100Webinar, IJP, 50Wichita Deaf Association, Employment issues for Deaf, 20WSU Centerr for Community Support and Research, ADA & Mental Health , 20Wyandotte , End The Wait, 12Youth Empowerment Academy, Voting Rights, 12

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff2
2. Newspaper/magazine/journal articles18
3. PSAs/videos aired5
4. Hits on the PAIR/P&A website35,455
5. Publications/booklets/brochures disseminated17,881
6. Other (specify separately)1,240,654

Narrative

DRC was interviewed and quoted in the following newspapers for a total of 18 times throughout the year: Lawrence Journal World (2 times); Topeka Capital Journal (8 times); Kansas City Star (1 time), Kansas Health Institute (1 time), Wichita Eagle (2 times). The total of the readership of interviews and newspaper stories is 696,654. ***Note this does not include the numbers from national news services like MSM Money, CNBC or the Associated Press (AP) that picked up these stories and ran them statewide (we simply have no method to track the nationwide impact of this additional media attention).

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)89
2. Additional individuals served during the year292
3. Total individuals served (lines A1 + A2)381
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)33

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 77

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility30
2. Employment64
3. Program access6
4. Housing93
5. Government benefits/services48
6. Transportation20
7. Education27
8. Assistive technology4
9. Voting0
10. Health care59
11. Insurance4
12. Non-government services13
13. Privacy rights5
14. Access to records1
15. Abuse5
16. Neglect4
17. Other35

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor101
2. Other representation found8
3. Individual withdrew complaint40
4. Appeals unsuccessful5
5. PAIR Services not needed due to individual's death, relocation etc.1
6. PAIR withdrew from case17
7. PAIR unable to take case because of lack of resources13
8. Individual case lacks legal merit68
9. Other11

Please explain

11- Not directly or substatially 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-advocacy225
2. Short-term assistance73
3. Investigation/monitoring0
4. Negotiation1
5. Mediation/alternative dispute resolution2
6. Administrative hearings3
7. Litigation (including class actions)14
8. Systemic/policy activities0

Part III. Statistical Information on Individuals Served

A. Age of Individuals Served as of October 1

Multiple responses not permitted.

1. 0 - 40
2. 5 - 2232
3. 23 - 59245
4. 60 - 6449
5. 65 and over55

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females198
2. Males183

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race15
2. American Indian or Alaskan Native8
3. Asian1
4. Black or African American43
5. Native Hawaiian or Other Pacific Islander0
6. White297
7. Two or more races0
8. Race/ethnicity unknown17

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent328
2. Parental or other family home35
3. Community residential home2
4. Foster care0
5. Nursing home9
6. Public institutional living arrangement0
7. Private institutional living arrangement1
8. Jail/prison/detention center2
9. Homeless2
10. Other living arrangements1
11. Living arrangements not known1

E. Primary Disability of Individuals Served

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

1. Blind/visual impairment28
2. Deaf/hard of hearing23
3. Deaf-blind7
4. Orthopedic impairment74
5. Mental illness4
6. Substance abuse0
7. Mental retardation8
8. Learning disability15
9. Neurological impairment48
10. Respiratory impairment21
11. Heart/other circulatory impairment36
12. Muscular/skeletal impairment74
13. Speech impairment3
14. AIDS/HIV4
15. Traumatic brain injury2
16. Other disability34

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 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.

Incentive to Employ People with Disabilities by State Contractors - This new law provides a preference for state contractors to employ people with disabilities. If a state contractor meets certain requirements, they are deemed a “certified” disability contractor, and provided preference when bidding on the state contracts. This preference allows the “certified” contractor to be 10% over the lowest competitive bid and still be awarded the contract. In order to become a “certified” contractor, at least 20% of their workforce must be people with disabilities. The bill also requires these businesses to contribute at least 70% of the premium cost for individual health insurance coverage for each employee and the level of the coverage must be at least equal to the level of benefits offered by the state employee benefit program.During hearings on the bill DRC offered several amendments to strengthen the bill and to fix several technical problems. These changes help ensure that people with disabilities can still preserve their access to health care and Medicaid if they ever lose their job at a certified business. The way it was organically written made it cumbersome to interpret and we wanted to ensure there wasn’t any language that would inadvertently limit eligibility for programs or otherwise negatively impact the rights of Kansans with disabilities who seek employment. DRC also advocated for requirements for the certified contractors to pay their employees with disabilities a competitive wage. DRC successfully obtained an amendment to the bill requiring that certified contractors not use subminimum wage certificates. DRC also pushed to include people with mental illness as people with a qualifying disability. The original version of the bill excluded people with mental illness for receiving the hiring preference. The bill was signed into law during the 2012 Legislative session. Regulating Restraint and Seclusion in Schools -This year’s legislative session also saw a push to pass a state law to require schools to ensure staff members are trained in safe and effective techniques for keeping students safe and avoiding the use of restraint or seclusion. It also set up requirements and regulations to control and limit the use of these dangerous tactics. The bill would also require our State’s Department of Education to accurately track data on the use of restraint and seclusion. DRC would with parents from around the state to develop their own testimony, both written and verbal. At the hearing in February of 2012, DRC testified in support of the proposal, as did our stakeholder allies and numerous families. DRC followed up after the hearing with a memo that answered key questions posed by legislators during the hearing and met with individual legislators to hear any possible concerns they may have and to educate them about the bill. DRC wrote a memo that addressed questions and concerns raised by members of the committee and obtained 20 co-signers from the disability advocacy community. In March, DRC participated in a press conference to educate members of the media that was also well attended by parents and other advocates. Finally, these efforts paid off when the Kansas House of Representatives passed the bill with a floor vote of 81 to 42.The Senate Education Committee heard considerable testimony in opposition to the bill from the school districts. They were also asked by members of the State Board of Education to allow them to draft regulations that addressed restraint and seclusion during the April break in the session. The committee granted this request DRC began meetings with Special Education Advisory Committee (SEAC) and Kansas State Department of Education (KSDE) staff about initial drafts of the regulations. DRC staff members then testified before the State Board of Education about the need to have effective regulations. The School Board has not yet voted on a final version of the regulations. However, we are hopeful that the State Board of Education will hear the proposed regulations in early 2013. Although this process began as a legislative bill, it appears that the issue may ultimately addressed by the State Board of Education with regulations. Whether it is a bill or regulations, the remedy is to have something enforceable that protects students from these dangerous and deadly tactics. Kansas Act Against DiscriminationHouse Bill 2335 was a bill to update the Kansas Act Against Discrimination (KAAD) and bring Kansas law up to date with the 2008 Amendments to the federal Americans with Disabilities Amendments Act. DRC testified in support of the bill on both sides of the Kansas Legislature. After answering numerous questions, it passed both houses. It was enrolled and presented to the Governor on March 23rd and signed into law on June 1st, 2012. This offers additional protections to all Kansans with disabilities through the KAAD, and allows Kansans another remedy to address disability discrimination issues.

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.Abuse & Neglect: 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. 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 46 persons in 46 service requests.6. Provide at least one case summary that demonstrates the impact of the priority.WS has severe arthritis and other orthopedic impairments, uses a wheelchair, and resides in a nursing home. He called DRC with complaints that the nursing home staff was neglecting to treat medical problems, including an ulcerated wound on his leg and other sores on his body. A DRC intern and attorney met with WS at the nursing home and investigated his claims. The nursing home staff disputed his allegations, but in the end, he received the necessary care to address his medical problems.Priority 2:1. Identify and describe the priority.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.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 123 persons in 130 service requests6. Provide at least one case summary that demonstrates the impact of the priority.MD has COPD and was terminated from the Kansas Medical Assistance Program (Medicaid). MD lost coverage because he had previously received SSDI and one dollar ($1.00) of SSI each month. When he received a Cost of Living Adjustment (COLA) to his SSDI last year, he went over the allowable amount and lost his SSI. The state then terminated his Medicaid because he was no longer receiving SSI. Such individuals are referred to as “Pickle people,” in honor of the representative who proposed an amendment to the Medicaid provisions to cover this situation. “Pickle people” are those who previously received both SSDI and SSI, and would still be entitled to benefits under SSI but for receipt of a cost of living increase to their SSDI. In the year following the cost of living increase to their SSDI, they must be treated as if they are still receiving SSI, and be found categorically eligible for Medicaid. MD is dependent on very expensive medication he could not afford health care or other necessities without Medicaid coverage. The state reversed its decision after a DRC attorney appealed to the Office of Administrative Hearings. MD is now considered categorically eligible for Medicaid, and will have coverage for another year.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. 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 are attacked or when they experience 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 65 persons in 69 service requests6. Provide at least one case summary that demonstrates the impact of the priority.TT is deaf and has worked at a central Kansas factory for a number of years. He was stuck in a low end job without having opportunities for advancement because he was deaf. TT wanted the opportunity to train on other jobs and to work in other areas of the plant so he would be less susceptible to being sent home when there was not enough work in his area. A DRC attorney helped TT self-advocate during his annual review to get new opportunities at work by addressing management’s specific biases about deafness being a safety hazard. TT met with the human resources director who approved TT’s request for training on other jobs.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 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.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 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 7 persons in 7 service requests.6. Provide at least one case summary that demonstrates the impact of the priority.TW is a 52 year-old individual with diabetes, renal failure, and heart disease. DRC helped TW correct a Medicaid mistake that interfered with his ability to discharge from a nursing home to a more integrated setting. Following discharge, TW began receiving shorter term hospital rehabilitation services.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 67 persons with 72 service requests.6. Provide at least one case summary that demonstrates the impact of the priority.MB, who is deaf, had problems with her long time neurologist providing ASL for her appointments. When she requested ASL, her neurologist immediately sent her a letter terminating their doctor/ patient relationship without providing a reason. MB lives in a rural area, and no other neurologist in the area took her insurance. A DRC attorney helped MB write effective, non-threatening letters to her doctor that convinced him to continue to see her and to provide ASL as an accommodation.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 disability2. 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 20 persons with 21 service requests.6. Provide at least one case summary that demonstrates the impact of the priority.JM is 15 years old. He is diagnosed with a reading disorder and developmental eye delay. JM’s mother wanted assistance with his 504 Plan. A DRC attorney and advocate provided JM’s mother with self-advocacy technical assistance on how to request a 504 Team meeting, when to request it, what modifications could be requested, and how to file a complaint with the U.S. Department of Education Office of Civil Rights if the request is denied.Priority 7:1. Identify and describe the priority.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 laws2. 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 86 persons with 94 service requests.6. Provide at least one case summary that demonstrates the impact of the priority.EW is a 46 year-old individual with HIV infection. EW was wrongfully sued for eviction after the landlord retaliated against him for calling Wichita Housing Code Enforcement and falsely accused him of not paying rent. The landlord knew EW has HIV and was willing to make false accusations in order to make EW homeless. A DRC attorney represented EW in the eviction proceeding and stopped the eviction. The DRC attorney also advised EW how to collect damages for the retaliatory eviction in small claims court. Priority 8:1. Identify and describe the priority.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.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 8 persons in 8 service requests.6. Provide at least one case summary that demonstrates the impact of the priority.TS is 39 years old. A guardianship was imposed on him after he almost died from alcoholic liver disease. His disease was so significant that he had a significant cognitive decline. He was admitted to a nursing home with additional diagnoses of ascites, jaundice and hepatic encephalopathy. TS’s physical condition improved over time, and he requested help from DRC to obtain court approval for discharge from the nursing home. A DRC attorney represented TS in the guardianship case and successfully advocated for his discharge to a less restrictive living arrangement where he receives supports and counseling to combat his alcoholism. The DRC attorney and TS will to petition to terminate the guardianship after TS shows he no longer requires a guardianship in order to maintain sobriety.

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

Source of funding Received & expended on individualsFederal funds $180,180State funds 0All other funds 0Total from all sources $180,180The "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 2012 FFY 2013Wages & Salaries $110,650 $101,606Fringe Benefits $ 32,196 $ 30,937Materials/Supplies $ 2,300 $ 2,101Postage $ 663 $ 578Telephone $ 3,498 $ 1,681Rent $ 11,138 $ 8,510Travel $ 1,755 $ 5,779Copying $ 0 $ 0Bonding/Insurance $ 1,252 $ 1,156Equip Rent/Purchase $ 1,229 $ 2,968Legal Services $ 0 $ 0Indirect Costs $ 0 $ 0Miscellaneous $ 15,499 $ 19,684Total Budget $180,180 $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% 1Administrative Assistant 1 100% 1Outreach/Spec Project Dir 1 100% 1Duties: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
TitleExcutive Director
Signed Date12/18/2012