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

Arkansas (Disability Rights Arkansas, Inc) - H240A130004 - FY2013

General Information

Designated Agency Identification

NameDisability Rights Center of Arkansas
Address1100 N. University Suite 201
Address Line 2
CityLittle Rock
StateArkansas
Zip Code72207
E-mail Addresssusanpierce@arkdisabilityrights.org
Website Addresshttp://arkdisabilityrights.org
Phone501-296-1775
TTY 501-296-1775
Toll-free Phone800-482-1774
Toll-free TTY800-482-1774
Fax501-296-1779
Name of P&A Executive DirectorTom Masseau
Name of PAIR Director/CoordinatorSusan Pierce
Person to contact regarding reportSusan Pierce
Contact Person phone501-296-1775
Ext.112

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 areas210
2. Individuals receiving I&R outside PAIR priority areas329
3. Total individuals receiving I&R (lines A1 + A2)539

B. Training Activities

1. Number of trainings presented by PAIR staff3
2. Number of individuals who attended training (approximate)365

Trained 150 Wal-Mart pro bono attorneys on special education and related services, with the objective of having more attorneys educated on FAPE so they can represent indigent families.

There was also one other training that was a generalized training about DRC- 15 people attended. DRC presented at a disability policy consortium (60 attendees) and at a disability awareness day (140 attendees).

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff1
2. Newspaper/magazine/journal articles1
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website125,000
5. Publications/booklets/brochures disseminated3,855
6. Other (specify separately)0

Narrative

Publications: 388 Blue Books, 96 IDEA booklets, 500 DRC brochures and one newsletter disseminated to 2,871 households.

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)16
2. Additional individuals served during the year69
3. Total individuals served (lines A1 + A2)85
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)3

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 8

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility10
2. Employment12
3. Program access1
4. Housing24
5. Government benefits/services13
6. Transportation2
7. Education17
8. Assistive technology1
9. Voting0
10. Health care2
11. Insurance0
12. Non-government services0
13. Privacy rights0
14. Access to records0
15. Abuse5
16. Neglect0
17. Other1

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor49
2. Other representation found5
3. Individual withdrew complaint6
4. Appeals unsuccessful1
5. PAIR Services not needed due to individual's death, relocation etc.5
6. PAIR withdrew from case2
7. PAIR unable to take case because of lack of resources1
8. Individual case lacks legal merit6
9. Other5

Please explain

One case was closed because caller was calling on behalf of someone else, and it was closed as other because caller gave advocate client’s contact information.

One was closed because caller was referred to an agency for services.

One was closed because client was provided technical assistance, but it involved an appeals process, so it will be unknown for some time the outcome of the case.

One was closed as other, litigation started.

One was closed as other, issue fell out of priorities.

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-advocacy23
2. Short-term assistance47
3. Investigation/monitoring0
4. Negotiation3
5. Mediation/alternative dispute resolution1
6. Administrative hearings1
7. Litigation (including class actions)5
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 - 2221
3. 23 - 5942
4. 60 - 6412
5. 65 and over10

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females45
2. Males40

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race0
2. American Indian or Alaskan Native0
3. Asian0
4. Black or African American26
5. Native Hawaiian or Other Pacific Islander0
6. White56
7. Two or more races0
8. Race/ethnicity unknown3

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent46
2. Parental or other family home24
3. Community residential home0
4. Foster care0
5. Nursing home1
6. Public institutional living arrangement0
7. Private institutional living arrangement0
8. Jail/prison/detention center1
9. Homeless8
10. Other living arrangements2
11. Living arrangements not known3

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 hearing4
3. Deaf-blind4
4. Orthopedic impairment30
5. Mental illness3
6. Substance abuse0
7. Mental retardation0
8. Learning disability7
9. Neurological impairment5
10. Respiratory impairment2
11. Heart/other circulatory impairment6
12. Muscular/skeletal impairment6
13. Speech impairment0
14. AIDS/HIV0
15. Traumatic brain injury0
16. Other disability14

Part IV. Systemic Activities and Litigation

A. Systemic Activities

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

2. Number of individuals potentially impacted by policy changes125

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

1) A softball league has a policy that prevents players in wheelchairs from running the base paths. A DRC attorney met with the city’s attorney and the city parks director to discuss policy regarding individuals who use wheelchairs and play softball. DRC considered this an unlawful policy and requested they change it so the client and other players could run the base paths. The city attorney decided the policy would be changed and with the use of a "rag ball" instead of a softball, everyone could run the base paths.

2) A PAIR eligible client contacted DRC about problems with mail delivery at her (subsidized) apartment complex. Initially, the issue involved the United States Postal Service (USPS) refusing to deliver mail because there were not approved mail receptacles. The complex was undergoing a major renovation (funded through the Arkansas Development Finance Authority (ADFA) and United States Department of Agriculture Rural Development program (USDA RD), and the construction company had torn down the old mailboxes before the new mail receptacle had arrived. The complex manager told tenants they would have to go to the local post office (several miles away) to send/receive mail. This presented a hardship for a number of tenants, due to their having disabilities and/or not owning a car (no local transit available in this town). The issue of receiving mail was resolved fairly quickly; however, the new mailboxes did not have an outgoing mail slot, so tenants did not have a way to send outgoing mail. A DRC advocate worked with the management company to ensure they were obtaining a new set of mailboxes that would have a receptacle for outgoing mail, and in the meantime, the complex was to issue a notice to all tenants that they could bring outgoing mail to the management office and the management company would ensure the mail was delivered to the post office on a daily basis. During the DRC advocate’s visit to the complex to meet with the client, the advocate noticed emergency vehicles at the complex, and EMT’s who appeared to be searching for an apartment. As the advocate looked for the client’s apartment, it became apparent none of the units were marked in any way (letters or numbers). The advocate asked the client about this, and the client stated it had been this way for months; during the renovation, the management company had replaced the front doors, which had numbers on them. When the new doors were installed, there were no numbers. Despite complaints to the onsite manager, reportedly by several tenants, this situation persisted. The client noted that there had been several occasions when emergency vehicles had come out to the complex and had to search for the apartment they had been called out to. The DRC advocate addressed this with the management company, and this situation was corrected within a few days. The advocate also noticed and addressed the presence of old appliances strewn about the property, including toilets and refrigerators; those were rounded up and placed in a central location that was locked within 48 hours of the DRC advocate contacting the management company.

B. Litigation/Class Actions

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

In 2013, DRC filed a federal lawsuit against Baptist Health, asserting that Baptist was preventing DRC from fulfilling its federal mandate to conduct a full investigation into the abuse and neglect that occurred at Defendant’s facilities. The lawsuit involves five (5) restraint associated deaths that occurred at Baptist Health from July 2012 through October 2012, but the lawsuit could reveal other abuses and neglect that have been occurring at the Defendant’s facilities. Baptist Health is a private hospital that owns and operates multiple facilities in central Arkansas. DRC began investigating the deaths after receiving notices of the deaths from the Center for Medicare and Medicaid Services. Despite numerous good faith efforts on the part of DRC, Baptist Health has refused DRC’s access to the facilities, the patients’ records and related evidence concerning the deaths. The lawsuit was filed so that DRC could fulfil its mandate and determine if the deceased patients were subjected to any abuse and/or neglect prior to their deaths.

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.

DRC Priority 3. Housing and Access — People with disabilities should have full programmatic and physical access to programs and services of local, state and federal government, to housing, Social Security Disability Insurance (SSDI), and to places of public accommodation as provided by state and federal law.

Need, Issue, or Barrier: People with disabilities continue to encounter barriers in obtaining accessible and affordable housing, accessing goods and services from local businesses, applying for employment and/or seeking reasonable accommodations and participating in the programs, services and activities of state and local government.

Collaboration: Collaboration in housing activities consisted of continuing to maintain a relationship with the Arkansas Fair Housing Commission, involving primarily their referring cases to DRC and DRC referring cases to AFHC when the issue fell out of the scope of our respective activities. DRC also collaborated with the City of Little Rock by maintaining an active presence at the Day Resource Center for the Homeless, meeting with individuals when they wished to discuss issues with the DRC advocate that possibly involved disability discrimination.

There were no class actions undertaken with this priority.

Priority 3. Goal 1. DRC will assist people with disabilities to advocate removal of barriers to housing, places of public accommodation, and local, state and federal government in order for them to have equal access under the law.

P3. Goal 1. Objective 1. Represent or provide technical assistance to 10 people with disabilities regarding failure to accommodate their disabilities in housing. [PAIR 9, PAIMI 1] QA Team

DRC worked 16 cases under this objective in FY2013 (15 new and one carryover); ten were PAIR cases, and six were PAIMI cases.

CLOSED CASE EXAMPLE: A PAIR eligible client contacted DRC because she had been evicted from her apartment. Client did not want to appeal the eviction, but needed more time to move out. DRC wrote a letter on the client’s behalf to the management company, and the client was granted a 30-day extension to move out.

CLOSED CASE EXAMPLE: A PAIR eligible client needed an accommodation from the United States Postal Service (USPS) to have her mailbox moved closer to her front door, but the post master was not accepting her doctor’s letter explaining her need for the accommodation. A DRC advocate worked with the client and DRC’s Legal Director to obtain the needed accommodation for the client. This included our Legal Director sending a demand letter to the U.S. Postal Service and speaking with the post master to work out the accommodation. DRC successfully obtained the accommodation for the client.

P3. Goal 1. Objective 2. Represent or provide technical assistance to 4 people with disabilities regarding rental denial, eviction, or retaliation for exercising their legal rights in housing. [PAIR 2, PAIMI 2] QA Team

DRC worked 10 cases under this objective in FY2013 (all new); five were PAIR cases and five were PAIMI cases.

CLOSED CASE EXAMPLE: A PAIR eligible client was evicted with less than 10 days to vacate the premises, and her daughter was banned from the property, leaving the client with no one to assist her in moving her belongings. DRC provided technical assistance in helping the client negotiate with her landlord to have 30 days to move (versus a few days), and a DRC attorney negotiated an agreement with the LL to allow the daughter to come onsite to assist the client until she was able to move. The outcome is the client was able to move within the expanded time frame and was able to do it with assistance from her daughter.

CLOSED CASE EXAMPLE: A PAIR eligible client living in a mobile home park was given 30 days to move. Client was willing to move, but has paraplegia and needed more than 30 days to either sell his home and move his belongings, or move the mobile home. A DRC attorney contacted the landlord and secured an additional 10 days to move, which ended up being extended an additional 14-15 days. As a result, the client was given sufficient additional time to move. He elected not to move his home, and instead moved his belongings to another residence.

P3. Goal 1. Objective 3. Represent or provide technical assistance to 4 people with disabilities regarding problems with subsidized housing. [PAIR 3, PAIMI 1] QA Team

DRC worked 10 cases under this objective in FY2013, eight new and two carryover. Eight of these cases were PAIR, including the two carryover cases, and two were PAIMI.

CLOSED CASE EXAMPLE: A PAIR eligible client called DRC about problems with a home rehabilitation project that was funded through the City of Little Rock using Community Development Block Grant (CDBG) funds. DRC provided short-term assistance by advocating for the client during a meeting between the client and City of Little Rock housing program officials and otherwise interacting with City of Little Rock staff to get some of the client’s complaints about the rehabilitation work done in her home fixed. DRC was not able to address client’s suspicions that the City did not spend the amount they were supposed to on the project (the City’s contention is that they spent MORE than they were supposed to, and a review of documents seems to support their contention); however, the client’s concerns about unsatisfactory work product were successfully addressed by the City agreeing to fix some of the substandard work that had been done. DRC followed the case through the completion of the work the City agreed to do.

P3. Goal 1. Objective 4. Represent 4 clients alleging that architectural barriers prevent them from having equal access to government services, programs and activities. [PAIR 2, PADD 2] LEGAL Team

DRC worked four cases under this objective in FY2013, all PAIR, three new and one carryover.

CLOSED CASE EXAMPLE: A PAIR eligible client called about a gazebo in a city park that was not accessible. A DRC advocate intervened by working with the director of the Department of Parks and Recreation for the City of Blytheville, and DRC’s Legal Director sent two demand letters (one for the ramp, one for the pathway). The outcome is that the gazebo is now accessible.

P3. Goal 1. Objective 5. Represent 4 clients alleging that architectural barriers prevent them from having equal access to businesses. [PAIR 4] LEGAL Team

DRC worked two cases under this objective in FY2013, both new and both PAIR.

There are no successful examples under this objective; in one case, the business had moved, and in the other, there was no enforcement right under the ADA.

P3. Goal 1. Objective 6. Represent or provide technical assistance to 4 clients who are deaf or hard of hearing alleging that a medical service provider has failed to provide effective communication so that client can participate knowledgeably in the treatment process and provide informed consent.[PAIR 3, PAAT 1] Legal Team

DRC worked two cases under this objective in FY2013, both new and both PAIR.

In one case, a DRC advocate intervened and the medical office provided an interpreter; in the other case, the state rehabilitation services agency provided an interpreter.

P3. Goal 1. Objective 9. Represent 3 individuals with disabilities who have been denied SSDI. [PAIMI 1, PAIR 2] Legal Team

DRC did not represent any individuals who have been denied SSI. This objective was a new objective that was decided on by the former Legal Director, who retired on 9/30/12, and the former Executive Director, who retired in January 2013. The interim director and the new Executive Director determined this would not be an objective DRC should pursue, primarily due to limited resources and an increased focus on systemic work.

DRC Priority 4. Employment — People with disabilities, including SSA beneficiaries and individuals who are eligible for services under the federal Rehabilitation Act should not face discrimination and difficulties obtaining and maintaining employment.

Need, Issue, or Barrier: People with disabilities continue to have difficulty obtaining and maintaining employment.

There were no collaborative efforts by other entities under this priority.

There were no class actions undertaken with this priority

Priority 4. Goal 3. DRC will assist people with disabilities to advocate removal of barriers to employment in order for them to have equal access under the law.

P4. Goal 3. Objective 2. Review and investigate complaints of employment discrimination in regard to harassment, reasonable accommodations, wages, and other employment discrimination against six individuals with disabilities. [PAIR 4, PAAT 1, PATBI 1] Employment Team

There were no cases opened under this objective in FY2013.

III. AREA OF EMPHASIS: Education: Students with disabilities reach their education potential.

DRC Priority 5. Education - Disability rights advocacy will be provided for infants and toddlers/students with disabilities to enforce and protect their rights to special education and related services through Early Intervention Services, Part C, and Part B of the Individuals with Disabilities Education Act (IDEA), and Section 504 through individual and systemic advocacy, state complaints, due process and collaboration with organizations and agencies. Need, Issue, or Barrier: Students with disabilities continue to encounter barriers to their access to a free appropriate public education in Arkansas. Issues of timely, appropriate evaluations, (including assistive technology), denial of access to a continuum of placement in the least restrictive environment and a general lack of understanding of IDEA and students’ rights, demonstrate the need to continue work in this area. Students with multiple, intellectual, emotional/behavioral disorders have been seen to be especially challenging to schools and, as a result, are often subjected to unlawful exclusion or even referral to juvenile court.

Collaborative effort: DRC contracted with the Arkansas Disability Coalition (ADC) to handle some of the education cases DRC obtained in FY2013.

There were no class action efforts undertaken involving this priority.

Priority 5. Goal 1. DRC will assist students with disabilities to advocate access to a continuum of placement options in the least restrictive environment.

P5. Goal 1. Objective 1. Investigate 29 claims of denial of access to a continuum of placement options, including suspension, expulsion, manifestation determination, and inappropriate referrals to an alternative learning environment (ALE) which result in a change of placement due to disability related behaviors. [PADD 15, PAIMI 11, PAIR 2, PATBI 1] Education Team

DRC worked five PAIR cases under this objective in FY2013, four new and one carryover.

CLOSED CASE EXAMPLE: the parent of a PAIR eligible student requested DRC’s assistance to prevent the school from suspending the student. DRC provided representation at an IEP conference, and as a result prevented further suspensions. The parent reported afterwards that the student made progress academically and behaviorally.

P5. Goal 1. Objective 2. DRC will assist to improve the quality and effectiveness of the transition plans for 3 students with disabilities. [PADD 2, PAIR 1] Education Team

There were no PAIR cases worked under this objective in FY2013.

P5. Goal 1. Objective 4. DRC will contract with Arkansas Disability Coalition to represent 24 students with disabilities in the public school system receiving special education services that are in need of representation at IEP conferences related to suspension or other issues as referred. This would include students with a significant emotional impairment. [PADD 16, PAIMI 5, PAIR 3] Education Team

DRC worked four PAIR cases under this objective in FY2013, two new and two carryover.

CLOSED CASE EXAMPLE: The parent of a PAIR eligible public school student requested assistance to get a Behavior Intervention Plan (BIP) and to see why her son was placed in a self-contained classroom. ADC provided representation at the school conference and assisted with the development of a BIP.

IV. AREA OF EMPHASIS: Information Strategies: People with disabilities will have access to information that would enable them to lead valued, proactive lives.

DRC Priority 6. Outreach, training, information and policy advocacy — People with disabilities, their families, support networks, providers, and the community at large should be informed about relevant rights and about the services of Disability Rights Center of Arkansas. Additionally, policy-makers should be educated about issues of importance to individuals with disabilities.

Need, Issue, or Barrier: Because of the rural nature of our state, hard to reach diverse cultural and racial populations, high illiteracy rate, and high poverty rate people with disabilities continue to be uninformed of their rights. The lack of public awareness of disability rights, and services prevents people with disabilities from leading valued, proactive lives. Collaborative approaches improve success of informing policy makers and people with disabilities about rights and services.

Collaborative effort: some of the trainings were held in conjunction with other groups serving people with disabilities, but it is unknown who these specific groups were due to the Outreach and Education coordinator no longer working at DRC, and current staff not being able to locate data.

Due to the retirement of a long-tenured executive director in January 2013, the placement of an interim executive director from January through April 2013 and the hiring of a new executive director in late April 2013, along with the loss of staff knowledgeable in these areas, the objectives were not met, or they may have been met but supporting data cannot be located. This was a year of transition for the agency, and policies and procedures are being put in place to ensure objectives are carried out and supporting data is captured.

Priority 6. Goal 1. DRC will inform people with disabilities of their legal rights at trainings conducted by DRC and other organizations. Training may also be provided to service providers and other organizations.

P6. Goal 1. Objective 1. Conduct 12 community trainings on the services DRC provides, sensitivity awareness and on specific topics related to DRC priorities as requested by other agencies. [GEOP] O&E Team 8, Education Team 4

One training conducted, "Getting to Know DRC" for 15 people, that current DRC staff are aware of.

P6. Goal 1. Objective 3. Conduct 5 trainings and/or other activities in collaboration with AR Can Do, Inc. AR Can Do is made up of other non-profits, state agencies and people with disabilities to change perceptions of how society perceives people with disabilities and educate on appropriate ways to communicate and interact with people who have disabilities. [GEOP 5] O&E Team

The former O&E director was very involved in Can Do, and attended monthly meetings, at least for the first six months of FY2013, but data about these meetings either doesn’t exist or cannot be located.

Priority 6. Goal 2. DRC will raise issues that affect the lives of people with disabilities at meetings attended by policy makers and/or people with disabilities.

On 10/10/12, DRC was represented at the Disability Policy Consortium, with 60 persons in attendance.

P6. Goal 2. Objective 1. Attend monthly meetings of the Interagency Council on Homelessness to provide information to service providers of homeless people about disability issues. [PAIR, PAIMI, PADD] QA Team

DRC Housing advocate attended five meetings in FY2013, in November 2012, Jan, April, May and July 2013. The other meetings were not attended mostly due to changes in administration, whereby housing advocate was assigned other responsibilities that interfered with attending these meetings or was attending team meetings that conflicted with this meeting. The purpose of attending this meeting was to provide information to homeless service providers about DRC services, and to obtain resource information for doing housing and homeless work.

P6. Goal 2. Objective 3. DRC will serve on the Division of Youth Services (DYS) Oversight Committee at its quarterly meetings to ensure that DYS is meeting the deadlines of the DYS Comprehensive Juvenile Justice Reform Plan 2009-2014. [PADD, PAIMI, PAIR, PAAT, PATBI, CAP] IST/Legal Team

It is unknown whether any of these meetings were attended by DRC staff, but it appears that they were not (see above explanation regarding change in executive directors and staff).

P6. Goal 2. Objective 4. DRC, a partner and founding organization in the Family and Youth Assistance Network (FYAN) will attend meetings. [PAIR, PADD, PAIMI] Education Team

DAD reports indicate the last meeting attended (and documented) occurred in February 2012.

P6. Goal 2. Objective 8. DRC serves on the Arkansas Advisory Council for the Education of Individuals with Disabilities at its quarterly meetings to advise the Council on ways to stop discrimination against children with disabilities in public schools. [PADD, PAIMI, PAIR, PAAT, PATBI] Education Team

Again, it is unknown whether any staff who no longer are employed at DRC attended any of these meetings or not.

P6. Goal 2. Objective 15. DRC will facilitate the Arkansas Parent Information Exchange (ArPIE) list serve to share information with parent advocacy groups/Parent Training Information Centers about education advocacy, rights issues and training. [GEOP] Education Team

It is unknown whether this occurred or not.

Priority 6. Goal 3. DRC will inform people with disabilities of their rights through the publication and dissemination of pertinent information.

P6. Goal 3. Objective 1. DRC will print and distribute 1000 A Parent’s Guide, Civil Rights/Education Bluebooks to inform persons how to stop discrimination against students with disabilities. [PADD, PAIMI, PAAT, PATBI, PAIR] Education Team

Approximately 400 Blue Books were disseminated in FY2013; data shows 388 were distributed.

P6. Goal 3. Objective 2. DRC will distribute 500 IDEA, a Parent’s Booklet (companion to the Bluebook) to inform persons how to stop discrimination against students with disabilities. [PADD, PAIMI, PAAT, PATBI, PAIR] Education Team

Data shows 96 of these booklets were distributed in FY2013.

P6. Goal 3. Objective 4. DRC will maximize its electronic outreach by continuing a weblog. [GEOP] Legal Team

A weblog was operated by a long-time DRC staff person who left the agency in September. Most of her entries did involve PAIMI-related activities. P6. Goal 3. Objective 6. Provide the DRC display and materials in at least 8 conferences to inform the public about DRC activities to stop discrimination against people with disabilities. [GEOP] O&E Team

DRC exhibits with materials were in place at at least three conferences, the Disability Policy Consortium, the Disability Awareness Day, and the DD Partners Conference. It is likely there were more conferences than this, but hard data is not accessible or does not exist.

P6. Goal 3. Objective 7. DRC will maximize its electronic outreach by improving DRC’s Facebook page with timely posts and pictures. [GEOP] O&E & Web Team

DRC posted 330 times on Facebook in FY2013.

P6. Goal 3. Objective 8. Timely information will be posted on the DRC website on each DRC program, upcoming events, cases, investigations, legislation, etc. [GEOP] All Teams

The DRC website was complete and had regular postings for the first several months of FY2013, then may have hit a little bit of a lull, in terms of new postings, during the transition from former ED to interim ED to new ED; however, the website was always accessible and had substantial information about DRC and its programs.

P6. Goal 3. Objective 9. DRC will produce three P&A Newsletters. [GEOP] O&E Team

One newsletter was produced in FY2013; primarily due to changes in executive directors and staff.

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: Community Integration and Institutions - People with disabilities should be protected from abuse, neglect and the unnecessary use of restraint and seclusion and should receive quality support services, rights protection, and be empowered to make choices.

Goal 1: DRC will assist people with disabilities in institutions by advocating for the receipt of services and supports in a safe environment. Institutions include: psychiatric hospitals, human development centers, prisons, jails, community settings, psychiatric programs, and educational settings. DRC will promote increased community support in lieu of institutional care.

Objective 1A: Individuals will not be subjected to abuse and/or neglect.

Provide I&R, direct representation and/or investigate suspected claims of abuse and/or neglect to 10 individuals. Continue monitoring residential care facilities, human development centers, the Arkansas State Hospital, Emeritus facilities, mental health day treatment programs, and Department of Youth Services contracted facilities.

Conduct 3 rights training to individuals in facilities. Objective 1B: Individuals will not be subjected to restraint and/or seclusion.

Provide I&R or investigate suspected or reported incidents of inappropriate or excessive use of restraint or seclusion and file complaints as appropriate (e.g. CMS, licensing, Department of Education) for 19.

Monitor the use of restraint & seclusion at facilities with a high use of restraint and seclusion as reported.

Objective 1C: Individuals will have an appropriate discharge plan into the community from institutional settings.

Provide I&R or direct representation to 11 individuals who need an appropriate discharge into the community from institutional settings.

2 trainings to discharge planners, service providers and the waiver association.

Objective 1D: Individuals will not have their rights deprived as a result of guardianships.

Provide information and referral and direct representation to 6 individuals who want to terminate or limit their guardianship. Training to families and individuals on alternatives to guardianship. Training at Bar Association on reliance of guardianship. Presentation at the DD Network Annual Conference on Alternatives to Guardianship.

Priority 2: Housing - People with disabilities should have full physical access to housing as provided by state and federal law.

Goal 1: DRC will assist people with disabilities to advocate removal of barriers to housing to ensure equal access under the law.

Objective 1A: Individuals will not be subjected to discrimination in housing

Provide Information and referral and technical assistance to 13 individuals regarding their failure to accommodate their disabilities in housing.

Provide 5 trainings to disability organizations and individuals to individual’s rights related to housing.

Priority 3: Employment - Beneficiaries of SSDI or recipients of SSI should not experience barriers to employment, people with disabilities who have a right to services under the federal Rehabilitation Act should not face discrimination due to their disabilities or from their representative payees when the payee is their employer.

Goal 1: DRC will provide disability rights advocacy for people with disabilities who have a right to services under the federal Rehabilitation Act.

Objective 1A: Individuals will be free from discrimination in employment.

Provide I&R and direct representation to 20 callers.

Provide training to the Stat ADA Coordinator, Employer ADA Coordinator and trainings related to employment discrimination to disability community. Provide trainings to large employer throughout the state related to employment right.

Priority 4: Education - Disability rights advocacy will be provided for infants and toddlers/students with disabilities to enforce and protect their rights to special education and related services through Early Intervention Services, Part C, and Part B of the Individuals with Disabilities Education Act (IDEA), and Section 504 through individual and systemic advocacy, state complaints, due process and collaboration with organizations and agencies.

Goal 1: DRC will assist students with disabilities to advocate access to a continuum of placement options in the least restrictive environment and be free from restraint and seclusion.

Objective 1A: Individuals will have access to education in the least restrictive environment.

Provide information and referral to callers on IEP Process. Provide direct representation to 7 individuals seeking representation.

Monitor three alternative learning environments to look at the number of students who are pushed into these types of facilities.

Provide training to local school districts throughout the state.

Partnership with PAIMI Advisory Council on training on the educational systems.

Priority 5: Accessibility - People with disabilities will have full programmatic and physical access to programs and services of local, state and federal government, and private businesses.

Goal 1: DRC will advocate for the removal of barriers in private and public facilities.

Objective 1A: Individuals will be able to access public and private facilities.

Provide I&R and direct representation on individuals who have denied access to public or private programs.

Provide training to business owners on disability issues. Partner with state and local Chamber of Commerce’s to educate disability issues.

Part VI. Narrative

At a minimum, you must include all of the information requested. You may include any other information, not otherwise collected on this reporting form that would be helpful in describing the extent of PAIR activities during the prior fiscal year. Please limit the narrative portion of this report, including attachments, to 20 pages or less.

The narrative should contain the following information. The instructions for this form outline the information that should be contained in each section.

  1. Sources of funds received and expended
  2. Budget for the fiscal year covered by this report
  3. Description of PAIR staff (duties and person-years)
  4. Involvement with advisory boards (if any)
  5. Grievances filed under the grievance procedure
  6. Coordination with the Client Assistance Program (CAP) and the State long-term care program, if these programs are not part of the P&A agency

A. Sources of funds received and expended

Source of Funding Amt Received Amt Spent

Federal $166,132.00 $162,889.12 State 0 0 Program Income 0 0 Private 0 0 Carry over from FY 12 $ 35,043.00 $ 35,043.00 Total $201,175.00 $197,932.12

B. Budget for fiscal Year covered by this report:

Category FY 13 FY 14

Wages & Salaries 129,377.14 86,843.00 Fringe Benefits 26,723.01 24,734.81 Materials/supplies 815.01 830.39 Postage 870.88 805.09 Telephone 1,690.72 1,173.58 Rent 8,565.80 8,917.95 Travel 6,725.52 6,332.45 Printing 1,074.96 1,114.74 Bonding/Insurance 1,042.83 1,263.38 Equipment 3,008.27 3,196.22 Legal 262.21 5,171.17 Miscellaneous 17,775.77 28,474.32

Total Expenses 197,932.12 168,857.10

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

PAIR supports both advocates, attorneys and administrative staff within the program. The advocates provide information and referral services and direct representation. The attorneys provide legal representation.

Type of Position FTE % Person/years

Professional Full-time 19.0 100% 12.76 Part-time 0 0 0 Vacant 0 0 0 Clerical Full-time 8 100% 3.29 Part-time 0 0 0 Vacant 0 0 0

D. Involvement with advisory boards (if any):

PAIR does not have an Advisory Board.

E. Grievances filed:

DRC received no grievances from PAIR eligible consumers.

F. Coordination with the CAP and the State long-term care (OLTC) program if these programs are not part of the P&A agency

The State long-term care program is not a part of the P&A; however, PAIR makes referrals to and receives referrals from the State’s long-term care program. In DRC’s monitoring of Long Term Care facilities, DRC and OLTC work together as appropriate.

Certification

Signed?Yes
Signed ByTom Masseau
TitleExecutive Director
Signed Date12/30/2013