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

Wisconsin (Disability Rights Wisconsin, Inc.) - H240A140050 - FY2014

General Information

Designated Agency Identification

NameDisability Rights Wisconsin
Address131 W. Wilson St. Suite 700
Address Line 2
CityMadison
StateWisconsin
Zip Code53703
E-mail Addressmonicam@drwi.org
Website Addresshttp://www.disabilityrightswi.org
Phone608-267-0214
TTY 888-758-6049
Toll-free Phone800-928-8778
Toll-free TTY888-758-6049
Fax608-267-0368
Name of P&A Executive DirectorDan Idzikowski
Name of PAIR Director/CoordinatorMonica Murphy
Person to contact regarding reportMonica Murphy
Contact Person phone414-773-4646
Ext.16

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 areas235
2. Individuals receiving I&R outside PAIR priority areas825
3. Total individuals receiving I&R (lines A1 + A2)1,060

B. Training Activities

1. Number of trainings presented by PAIR staff34
2. Number of individuals who attended training (approximate)2,606

Training Name: amputee support group Description: training to amputee support group on ADA Purpose: educate people on rights Method: Classroom Instruction ***** Training Name: CESA 1 Transition Fair Description: 1 Day Transition Fair Purpose: Improve transition outcomes Method: Individual Instruction ***** Training Name: Community Living Alliance Fair hearing training Description: Train CLA nurses in how to better assist consumers who are appealing decisions relating to reduced PCW hours. Purpose: To achieve better outcomes for consumers who challenge the number of PCW hours approved by DHS/Medicaid. Method: Classroom Instruction ***** Training Name: Brookfield Transition Fair Description: 1 Day Transition Fair Purpose: Improve transition outcomes Method: Individual Instruction ***** Training Name: Key to Your Future- PTP and Plan for Employment 1 Description: DRW provided training to students, parents and agencies on the new Wisconsin Department of Public Instruction Post Secondary Transition Plan or the PTP and the use of DVR, Family Care and IRIS as it relates to employment. These trainings took place over the course of the year and included trainings with the following partners, Wraparound Milwaukee, MCFI, Independence First, Brown Deer High School, Milwaukee Public Schools, and the Latino Forum. Purpose: The objective is to allow students, families and agencies to understand the use of the PTP in the IEP Process, to understand how to access services from DVR and how to use long term care funding for employment related needs. Method: Classroom Instruction ***** Training Name: Key to Your Future- PTP and Plan for Employment 2 Description: DRW provided training to students, parents and agencies on the new Wisconsin Department of Public Instruction Post Secondary Transition Plan or the PTP and the use of DVR, Family Care and IRIS as it relates to employment. These trainings took place over the course of the year and included trainings with the following partners, Wraparound Milwaukee, MCFI, Independence First, Brown Deer High School, Milwaukee Public Schools, and the Latino Forum. Purpose: The objective is to allow students, families and agencies to understand the use of the PTP in the IEP Process, to understand how to access services from DVR and how to use long term care funding for employment related needs. Method: Classroom Instruction ***** Training Name: Key to Your Future- Plan for Employment, DVR, IRIS, Familycare 1 Description: DRW provided training to students, parents and agencies on obtaining services from DVR, Family Care and IRIS as it relates to employment. The trainings took place at 4 different locations in the Milwaukee area. Purpose: The objective is to allow students, families and agencies to understand how to access services from DVR and how to use long term care funding for employment related needs. Method: Classroom Instruction ***** Training Name: Key to Your Future- Plan for Employment, DVR, IRIS, Familycare 2 Description: DRW provided training to students, parents and agencies on obtaining services from DVR, Family Care and IRIS as it relates to employment. The trainings took place at 4 different locations in the Milwaukee area. Purpose: The objective is to allow students, families and agencies to understand how to access services from DVR and how to use long term care funding for employment related needs. Method: Classroom Instruction ***** Training Name: Key to Your Future- Plan for Employment, DVR, IRIS, Familycare 3 Description: DRW provided training to students, parents and agencies on obtaining services from DVR, Family Care and IRIS as it relates to employment. The trainings took place at 4 different locations in the Milwaukee area. Purpose: The objective is to allow students, families and agencies to understand how to access services from DVR and how to use long term care funding for employment related needs. Method: Classroom Instruction ***** Training Name: Key to Your Future- PTP and Plan for Employment 3 Description: DRW provided training to students, parents and agencies on the new Wisconsin Department of Public Instruction Post Secondary Transition Plan or the PTP and the use of DVR, Family Care and IRIS as it relates to employment. These trainings took place over the course of the year and included trainings with the following partners, Wraparound Milwaukee, MCFI, Independence First, Brown Deer High School, Milwaukee Public Schools, and the Latino Forum. Purpose: The objective is to allow students, families and agencies to understand the use of the PTP in the IEP Process, to understand how to access services from DVR and how to use long term care funding for employment related needs. Method: Classroom Instruction ***** Training Name: Dane County Support broker Training on Medicaid Fair Hearings Description: Training for support brokers in how to represent their clients in administrative hearings related to denial, reduction or termination of their Medicaid services. Purpose: To prepare support brokers to adequately and effectively represent their clients interests at administrative hearings involving their Medicaid covered services. Method: Classroom Instruction ***** Training Name: Disability Benefits Specialist training about DVR Description: Together with a DVR administrator the RTW advocate made an hour long presentation that was live broadcast and then archived for future use. We presented information on how DVR works and how DVR can assist the DBS staff to help their clients access advocacy. Purpose: Increase DBS staff knowledge. Method: Classroom Instruction ***** Training Name: Independence First Transition Student Group training Description: Trained the Independent Living Center’s student transition group about transition using a Jeopardy game template. Purpose: Transition Method: Classroom Instruction ***** Training Name: Key to Your Future- Plan for Employment, DVR, IRIS, Familycare 4 Description: DRW provided training to students, parents and agencies on obtaining services from DVR, Family Care and IRIS as it relates to employment. The trainings took place at 4 different locations in the Milwaukee area. Purpose: The objective is to allow students, families and agencies to understand how to access services from DVR and how to use long term care funding for employment related needs. Method: Classroom Instruction ***** Training Name: Key to Your Future- PTP and Plan for Employment 4 Description: DRW provided training to students, parents and agencies on the new Wisconsin Department of Public Instruction Post Secondary Transition Plan or the PTP and the use of DVR, Family Care and IRIS as it relates to employment. Purpose: The objective is to allow students, families and agencies to understand the use of the PTP in the IEP Process, to understand how to access services from DVR and how to use long term care funding for employment related needs. Method: Classroom Instruction ***** Training Name: Law and Disability Class Description: Team taught weekly class at UW Law School on law and disability. Broad spectrum of issues, concentration on providing examples of people with TBI and other disabilities. Covered education, employment, housing, commitment and other civil rights. Purpose: Education and awareness Method: Classroom Instruction ***** Training Name: NBTI training Madison Description: train attorneys advocates and school personnel on special ed law Purpose: train attorneys, advocates and school personnel on special ed law Method: Classroom Instruction ***** Training Name: Racine Transition Fair Description: 1 Day Transition Fair Purpose: Improve transition outcomes Method: Individual Instruction ***** Training Name: Special ed seminar through NBTI Description: training on special education law to attorneys, advocates and school personnel Purpose: train lawyers, advocates, and school personnel on special ed law Method: Classroom Instruction ***** Training Name: Training on DRW for FACETS teleconference Description: Training on what DRW does for FACETS teleconference Purpose: train parents and families on what DRW does Method: Computer Based Training ***** Training Name: Training Seclusion and Restraint Description: Provided training on the reporting for Seclusion and Restraint for school districts for the annual reporting. Purpose: Provided training on the reporting for Seclusion and Restraint for school districts for the annual reporting. Method: Classroom Instruction ***** Training Name: training to deaf service providers on DRW services Description: gave info to deaf service providers on all services and priorities of DRW Purpose: educate deaf providers on role and services of DRW Method: Classroom Instruction ***** Training Name: Back to School Fair Bradley Tech Description: Outreach on DRW Services to families in Milwaukee County accessing MPS Schools. Purpose: Make students and parents aware of available DRW services Method: Individual Instruction ***** Training Name: Back to School Fair North Division Description: Outreach on DRW Services to families in Milwaukee County accessing MPS Schools. Purpose: Make students and parents aware of available DRW services Method: Individual Instruction ***** Training Name: Latino Forum Description: This is a once yearly opportunity to meet and provide outreach to Hispanic parents and students in Milwaukee County. We have a resource table and provide our documents in Spanish to the participants. Purpose: Educate Hispanic families with special needs children to understand their rights under IDEA. Method: Individual Instruction ***** Training Name: Milwaukee County Transition Resource Fair Description: DRW staff participated in a transition fair held in Milwaukee County intended to improve post secondary outcomes for students with disabilities. Purpose: Improve understanding of transition. Method: Individual Instruction ***** Training Name: Wisconsin Warrior Summit Description: DRW was a co-sponsor and helped to plan the Wisconsin Warrior Summit along with Mental Health America of Wisconsin, the VA and other entities. The focus was on helping the veterans and their families who survived the war, survive the peace. Purpose: Our piece included educating on Service/Emotional Support animals. Method: Classroom Instruction ***** Training Name: Wisconsin Warrior Summit Description: DRW was a co-sponsor and helped to plan the Wisconsin Warrior Summit along with Mental Health America of Wisconsin, the VA and other entities. The focus was on helping the ventran and their families who survived the war, survive the peace. Purpose: Our piece included educating on Service/Emotional Support animals. Method: Individual Instruction ***** Training Name: Accessing Victim Services 1 Description: Addressing individuals about issues they encounter when accessing victim services. Purpose: Training individuals, law enforcement, attorneys, victim service advocates, disability service providers, disability advocates, and guardians to better assist individuals with disabilities who are domestic violence victims. Method: Classroom instruction ***** Training Name: Accessing Victim Services 2 Description: Addressing individuals about issues they encounter when accessing victim services. Purpose: Training individuals, law enforcement, attorneys, victim service advocates, disability service providers, disability advocates, and guardians to better assist individuals with disabilities who are domestic violence victims. Method: Classroom instruction ***** Training Name: Accessing Victim Services 3 Description: Addressing individuals about issues they encounter when accessing victim services. Purpose: Training individuals, law enforcement, attorneys, victim service advocates, disability service providers, disability advocates, and guardians to better assist individuals with disabilities who are domestic violence victims. Method: Classroom instruction ***** Training Name: Accessing Victim Services 4 Description: Addressing individuals about issues they encounter when accessing victim services. Purpose: Training individuals, law enforcement, attorneys, victim service advocates, disability service providers, disability advocates, and guardians to better assist individuals with disabilities who are domestic violence victims. Method: Classroom instruction ***** Training Name: Accessing Victim Services 5 Description: Addressing individuals about issues they encounter when accessing victim services. Purpose: Training individuals, law enforcement, attorneys, victim service advocates, disability service providers, disability advocates, and guardians to better assist individuals with disabilities who are domestic violence victims. Method: Classroom instruction ***** Training Name: Accessing Victim Services 6 Description: Addressing individuals about issues they encounter when accessing victim services. Purpose: Training individuals, law enforcement, attorneys, victim service advocates, disability service providers, disability advocates, and guardians to better assist individuals with disabilities who are domestic violence victims. Method: Classroom instruction ***** Training Name: Effective communication for Deaf and hard-of-hearing Description: Training re: ensuring the provision of effective communication for Deaf and hard-of-hearing through use of ASL interpreters, VRI and VRS systems, providing written information in simple language, and usual visuals Purpose: Provide effective training to domestic violence, sexual assault, and Deaf program directors and advocates on effective communication Method: Classroom instruction

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff0
2. Newspaper/magazine/journal articles28
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website124,356
5. Publications/booklets/brochures disseminated3,800
6. Other (specify separately)0

Narrative

The publications/ booklets/ brochures disseminated includes our general agency brochure, our annual report, and brochures for various advocacy programs within our agency. It also includes handouts we have created such at our transition manual and our employment workbook. Additionally, we distribute many publications such as ADA materials and Bazelon materials to assist people as part of our Information and Referral Process.

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)31
2. Additional individuals served during the year53
3. Total individuals served (lines A1 + A2)84
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)0

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 24

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility1
2. Employment13
3. Program access4
4. Housing14
5. Government benefits/services8
6. Transportation6
7. Education19
8. Assistive technology1
9. Voting0
10. Health care8
11. Insurance0
12. Non-government services3
13. Privacy rights0
14. Access to records0
15. Abuse1
16. Neglect4
17. Other2

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor41
2. Other representation found1
3. Individual withdrew complaint4
4. Appeals unsuccessful3
5. PAIR Services not needed due to individual's death, relocation etc.4
6. PAIR withdrew from case0
7. PAIR unable to take case because of lack of resources1
8. Individual case lacks legal merit5
9. Other1

Please explain

Lost contact with client

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 assistance22
3. Investigation/monitoring11
4. Negotiation15
5. Mediation/alternative dispute resolution2
6. Administrative hearings0
7. Litigation (including class actions)3
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 - 2219
3. 23 - 5952
4. 60 - 644
5. 65 and over9

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females34
2. Males50

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race1
2. American Indian or Alaskan Native2
3. Asian1
4. Black or African American24
5. Native Hawaiian or Other Pacific Islander0
6. White50
7. Two or more races3
8. Race/ethnicity unknown3

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent37
2. Parental or other family home21
3. Community residential home3
4. Foster care0
5. Nursing home6
6. Public institutional living arrangement0
7. Private institutional living arrangement1
8. Jail/prison/detention center15
9. Homeless1
10. Other living arrangements0
11. Living arrangements not known0

E. Primary Disability of Individuals Served

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

1. Blind/visual impairment0
2. Deaf/hard of hearing2
3. Deaf-blind0
4. Orthopedic impairment28
5. Mental illness3
6. Substance abuse0
7. Mental retardation1
8. Learning disability8
9. Neurological impairment8
10. Respiratory impairment8
11. Heart/other circulatory impairment7
12. Muscular/skeletal impairment6
13. Speech impairment0
14. AIDS/HIV1
15. Traumatic brain injury1
16. Other disability11

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities27

2. Number of individuals potentially impacted by policy changes779,010

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.

Elmbrook School System Stakeholders of the Elmbrook School District which included educators, administrators, parents, community members and advocates met to discuss the future of special education in the Elmbrook School District. The team consisted of about 50 people and we met four times over the course of six months. Our charge was to develop the vision and mission for students with differences including special education. The key purpose of this group was to develop a framework for developing in inclusive education model for the entire District across all building levels. The District adopted the framework and began implementing the inclusive practices in the school system in the 2014-2015 school year. This would impact approximately 900 students in the Elmbrook system.

Let’s Get to Work DRW staff have assisted on The Let’s Get to Work youth employment program which seeks to improve transition practices and policies to lead to better postsecondary outcomes for all youth with disabilities. Let’s Get to Work is a systems change grant that involves 10 pilot school districts across the state and is an AIDD funded project led by BPDD in partnership with DRW. Through this grant DVR has changed policies to increase use of Youth On-the-Job training funds to supplement wages of transition age youth as they secure and sustain employment. DVR has also agreed to work with youth as young as age 16 and partner in LGTW schools to pilot this practice. The practice (of early DVR involvement with youth) will soon be deployed statewide — based upon evidence that early VR intervention leads to successful employment for youth. It is estimated that there are approximately 21,275 transition age youth in Wisconsin.

State Use Contract Many people with physical and sensory disabilities end up working in the state’s sheltered workshops because community employment options and supports are significantly underdeveloped. DRW continues to work with disability advocates to recommend changes to the State Use Contract and other state hiring policies to incentivize state contract work in the community vs. sub-minimum wage facilities and to make Wisconsin a Model Employer. There are 5308 people employed in sheltered work in this state. This is an ongoing activity.

Project Search DRW was actively involved in securing $1.7 million in funds to expand youth employment sites through Project Search (expanded from 7 to 20 sites statewide in 2014) and to secure full state match funding for DVR to eliminate the state’s waiting lists. There are approximately 240 youth participating in project search and the DVR waiting list has been reduced from 3727 to 797.

Results Driven Accountability DRW was involved in Results Driven Accountability planning for both IDEA Part C and Part B to include directing the state’s focus on reading accountability (in Part B) and with a focus on reducing the achievement gap and leading to postsecondary outcomes improvement for youth across disability categories. This will impact the 122,654 students in the state in special education.

Academic Career Plans DRW has been involved in the policy development to deploy Academic Career Plans for all Wisconsin youth, including youth with disabilities. Under this new system all students will begin developing career plans as part of their academic programing. This will impact the 21, 257 student with disabilities who are transition age.

Open Enrollment DRW was actively involved with the State Department of Public Instruction on making changes to the open enrollment program to make it easier for students with disabilities to participate in the program. Policy changes include eliminating undue financial burden as a basis for denying open enrollment to students with disabilities, increasing the amount of funds for students with disabilities in open enrollment, and fully funding high cost special education students. This has the potential to impact all students in special education in the state which is 122,654.

Southridge Bus Stop When a local shopping mall decided it would no longer allow the County buses to drop off and pick up people at the mall entrance and instead moved the bus stops to the public roadway the access to the mall was greatly reduced for people with disabilities who could not travel the distance or were at risk because of their disabilities such as vision impairments. DRW worked with a coalition to educate elected officials and the community. The mall has compromised somewhat and allowed two of the bus routes to use a more accessible stop. Two more bus routes remain in controversy and the advocacy is ongoing.

DOJ Complaint regarding Voucher Schools DRW along with the ACLU has filed a complaint with the United States Department of Justice regarding disability discrimination in the states private school voucher program. The DOJ is investigating and has order the State to produce reports regarding the services to children with disabilities who are not admitted to schools or who are forced out. The action is ongoing but could impact thousands of students with disabilities.

Kenosha County Jail DRW is compiling a complaint against the Kenosha County Jail for failure to provide accessible services to inmates and denying them proper medical care. The investigation is ongoing, although we were able to get the County to identify an ADA compliance officer.

Comments to Family Care HCBS Waiver DRW provided comments to our state Department of Health Services regarding it proposed waiver submission to CMS. DRW suggested numerous ways to make the program and its services more inclusive and to allow individuals to receive services in the most integrated setting. DHS adopted 15 of our proposed changes. Family Care is our states primary long term care program for people with disabilities and proposed changes could impact 475,000 people.

Domestic violence programs Working with our VAWA grant DRW staff provided consultation to three domestic violence programs throughout Wisconsin to modify their “No Pets” policies to reflect inclusion individuals who use service animals. This policy change impacts victims/survivors with disabilities seeking victim services by ensuring programs understand not only what the laws require, but how to ensure a safe and welcoming environment for people with disabilities who use a service animal as an auxiliary aid, similar to the use of a cane, crutches or wheelchair. The assistance these animals provide can lessen symptoms or help remove day-to-day barriers people with disabilities experience. It is estimated that this change could potentially impact100 people per year.

Transportation Advocacy DRW staff through an organization that we run called Make it Work Milwaukee advocated for an audit of the Milwaukee County Paratransit System due to concerns about safety and timeliness. As a result of the audit cameras are being installed on all paratransit vans. There are approximately 14,000 paratransit users in Milwaukee County. Additionally, as a result of DRW transportation advocacy with the state Department of Transportation Secretary, an increase was made to the state budget for transportation service for people with disabilities.

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: Quality Community Services and Benefits.

1. DRW supports local access to quality community services and benefits for everyone who needs them. Quality is defined as: consumer choice; designed for the individual; fostering increasing independence and interaction with non-disabled; and as much and as long as the person needs support.

2. Major issues/need

a. There is a statewide lack of adequate transportation services for people with disabilities.

b. People moving into the community frequently experience housing discrimination.

c. Community service plans frequently fail to provide services in the most integrated setting including favoring sheltered work over supported employment and sub-minimum wage jobs over competitive work, and some counties or community care organizations provide only sheltered work for people with disabilities.

d. There is a general lack of knowledge about available work incentives and the effects of working on government benefits, as well as workplace rights for people with disabilities.

e. Counties implementing Family Care have been moving people with disabilities from more integrated settings to more restrictive environments as a cost saving measure.

3. Indicators of successful outcomes

a. Successful outcomes include people with disabilities getting the transportation they need to get to work, medical appointments, and social activities.

b. People moving into the community from institutional placements will be able to live where they choose.

c. People with disabilities will get jobs in the most integrated setting including supported employment and get paid at least minimum wage for their services.

d. People with disabilities will understand the effects of working on their government benefits and will learn what their rights are in the workplace.

e. People in Family Care will not be moved into more restrictive settings.

4. Collaborative Efforts

a. PAIR staff worked with other P&A programs and with outside partners including Independent Living Centers, the ACLU, the Southridge Bus stop coalition and the Make It Work Milwaukee Coalition on transportation issues, PAIR staff worked with other P&A programs and with the Family Care Ombudsmen program to help people live where they chose and get to the places they wanted to go.

b. PAIR staff worked the Board on Persons with Developmental Disabilities, the Waisman Center, APSE, People First and the Department of Workforce Development to promote Employment First strategies and have better oversight of subminimum wage certificates.

c. PAIR staff worked with the support groups, parents, and students, to help them understand benefits and workplace rights.

d. PAIR staff worked with the Family Care ombudsman to help people stay in more integrated settings.

5. Number of Cases Handled under this priority and any class actions

There were 19 cases handled under this priority as well as numerous systems activities. No class actions were handled under this priority.

6. Provide at least one case summary. DRW represented a woman with orthopedic impairments where the client lost her Medicaid and Family Care because the Family Care MCO made her move from her home to an apartment, rather than help her make the home accessible and safe, this in turn made her over the asset limit for Medicaid and Family care. DRW staff got her some services through the VNA (Medicare) for a while and then worked with the client to get her to put the house up for sale so she can requalify for both programs.

Priority 2: Free and Appropriate Education

1. DRW supports the right of children and young adults with disabilities to a free and appropriate education. Priority is given to children whose rights are severely compromised in these areas: expulsion and other exclusion from school; timely transition planning which: fosters increased independence and ensures coordination and continuity of services from earliest identification of need to adulthood; inclusion with appropriate supports in regular education classes in neighborhood schools; and right to appropriate education while residing in an institution or correctional setting.

2. Major issues/need a. Eligible students are not receiving Free and Appropriate Education (FAPE) in the Public Schools including not having up to date Individualized Education Plans (IEPS), not being properly evaluated, and not receiving transition services and not being served in the most integrated setting.

b. There is an overuse of discipline including suspension and expulsion.

c. Students are not provided with sufficient and appropriate transition planning and services.

d. The State continues to increase the number of students eligible to attend voucher schools but the voucher schools take very few children with disabilities and are not subject to IDEA or its due process protections.

3. Indicators of successful outcomes

a. Children with disabilities will receive FAPE and be included in the most integrated setting.

b. Fewer children with disabilities will be suspended or expelled.

c. Students will receive appropriate transition services.

d. Students with disabilities will not be denied access to voucher schools and any special education voucher system developed will include IDEA and due process protections.

4. Collaborative Efforts

a. PAIR staff routinely work with other P&A staff on special education issues. Additionally we collaborate with FACETS, the Quality Education Coalition, the ARC, Arch, Life Navigators and the Independent Living Center on special education issues and referrals, as well as legislative issues. Challenges to the special education voucher and the school choice voucher system have included these groups as well as the ACLU.

b. Our transition work has included PAIR staff working with the Board on Persons with Developmental Disabilities, the Waisman Center, APSE, People First and the Department of Workforce Development and various parent groups.

5. Number of Cases Handled

We handled 19 cases under this priority and no class actions

6. Provide at least one case summary.

DRW represented an 8 year old with ADHD who had been placed in a self-contained classroom due to behavior problems. He had been suspended many times. With our assistance he was given compensatory education for missed time and placed in a completely inclusive setting with supports.

Priority 3: Accessibility Barriers

1. DRW supports equal societal access for all persons with disabilities through the elimination of the following barriers: physical/mobility; sensory/communication; cognitive/participation; and attitudinal.

2. Major issues/needs

a. People with disabilities continue to face widespread discrimination in the workplace in all aspects of the employment process including failure employer’s failure to hire, failure to accommodate and discriminatory discharge of employees with disabilities.

b. People with disabilities continue to experience widespread housing discrimination. Examples include: failure to provide reasonable accommodation to persons with disabilities, and lack of proper enforcement of codes providing for accessibility in new construction and renovations and outright discrimination including neighborhood opposition.

c. Accessibility Barriers to independence in transportation, communication, public accommodations including social service providers and schools are widespread and serve to marginalize people with disabilities to the fringes of society. This is especially true with Title II entities meeting requirements for accessibility in transportation, communication, and mobility.

d. Public accommodations, schools, and housing providers continue to deny use of service animals.

e. People with disabilities often lack knowledge about their rights (and how to successfully advocate for their own rights) under state and federal anti-discrimination laws.

f. People with disabilities feel disenfranchised due to inaccessibility of voting machines and polling places, and lack of sensitivity to disability issues, and lack of knowledge of how disability rights are impacted by voting.

3. Indicators of Successful outcomes

a. People with disabilities will not be discriminated against in the workplace and will receive reasonable accommodations when necessary.

b. People with disabilities will be able to live in accessible housing and be allowed and necessary reasonable accommodations necessary.

c. People with disabilities will not be denied access to public accommodations and government programs.

d. Public accommodations, schools, and housing providers will allow individuals use of their service animals.

e. People with disabilities will be knowledgeable about their rights and be able to self-advocate.

f. People with disabilities will be able to freely access polling places and be able to exercise their right to vote without accessibility barriers.

4. Collaboration efforts

a. Employment efforts were aided with the collaboration of the Wisconsin Employment Lawyers Association who provided training, information and referrals.

b. Housing cases were done in collaboration with and under a work sharing agreement with the Metropolitan Milwaukee Fair Housing Council.

c. Issues related to voting were addressed in collaboration with the Government Accountability Board, the League of Women Voters, and the Disability Vote Coalition.

5. Number of Cases Handled under this priority and any class actions

We handled 41 cases under this priority; none of them were class actions.

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

DRW represented a woman who has a service dog who had several access issues. She is not always able to put the dog’s vest on due to the effects of her Multiple Sclerosis. She takes the vest along even if she cannot get it onto the dog. She routinely runs into trouble taking her service animal to CVS on 92nd and Greenfield. They insist the dog MUST wear a cape/jacket. The dog is a golden retriever and is always leashed. She also has had trouble getting into her closest non grocery store called Family Dollar. The door on the building is very tough to open even for non-disabled individuals. She also had a major problem with West Allis Aurora Hospital when they required that she present them with a vaccination record for the dog before providing services. This caused a delay in the client receiving medical care that eventually led to an ER visit at a different hospital. Disability Rights Wisconsin contacted CVS and cleared up the issue of store staff requiring the vest. The service animal requirements were explained to them in writing. The Family Dollar was very good at opening and closing the store door for the client and they wanted to fix the door but didn’t get support to do so through the regional office. We sent a letter that store personnel used to get the money from the regional management to replace the door with one that functions for everyone. Finally, after we contacted the hospital about the client’s access issues, the head of the Emergency Room contacted DRW and the client to find out what happened and to make sure it does not happen again.

Priority 4: Abuse and Neglect

1. People with disabilities are sometimes subjected to abuse and neglect in part due to their vulnerability and reliance on the assistance of others.

2. Major Issues/Needs; Although we do not get too many calls about the abuse and neglect of PAIR eligible individuals when we do it such a significant issue to the individual’s safety and wellbeing that we must address it.

3. Indicators of Successful Outcomes: People with disabilities will not be subjected to abuse and neglect and if they are, complaints will be filed and a corrective action will be ordered.

4. PAIR staff routinely work with other P&A staff in these cases and we accept referrals from community agencies who become aware of such instances.

5. Number of cases under this priority,

We handled 5 cases under this priority; none of them were class actions.

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

DRW had a case of a student who had sensory issues and ADHD. He was attending an afterschool program that was run by the school district and the recreation department. The student was inappropriately restrained. The parent was able to obtain a video where the teacher was observed grabbing the student and eventually putting him down on the ground and sitting on him. The student was at the time not a danger to self or others. He was trying to go outside to an area he had accessed before but the aide would not let him. She sat on him until another employee came and was told his mom was there. We assisted the parent in filing a complaint with DPI. We learned that the program was a collaboration with the school district so the Wisconsin ACT 125 covered this program. DPI found that the student was not a danger to self or others and was inappropriately restrained. DPI also ruled that the employee was not properly trained and the program did not keep records of the restraint that would be available to parents. Due to this complaint, the corrective action plan required the program to train employees and put policies and procedures in place for use of seclusion and restraint.

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. Abuse and Neglect Need: DRW will work to end the use of seclusion and restraint. Activity to be carried out include; a) Collecting and publishing the data on the use of seclusion and restraint in schools b) Making recommendations to DPI about the format of reports and reporting requirements c) Meet with DPI to encourage training for schools on tracking seclusion and restraing d) Explore possible ways to improve the seclusion and restraint legislation e) We will assist parents in filing restraint and seclusion complaints. f) We will put instructions for parents on the DRW website on how to file such complaints on their own. Need: DRW will work to combat and end disability harassment and bullying. Activities include; a) We will provide technical assistance to people experiencing harassment in bullying from their peers including providing them with strategies to combat it and information about filing complaints. b) For individuals being harassed by staff of their school or facility we will provide direct representation. Priority Issue 2. Deinstitutionalization/Least Restrictive Environment Need: There is an increasing reliance on segregated schools and segregated alternative settings. Activities include; a) We will push DPI to have segregated schools such Lakeland and Sybil Hoppe report data separately rather than through the home school districts of the students. b) We will work with DPI to participate in stakeholder inclusion groups. c) We will provide technical assistance and direct representation to students who are being segregated. d) We will advocate for assistive technology that helps people participate more fully in the least restrictive environment. Need: Schools are using suspension, expulsion, defacto suspension and reduced school days to exclude students with disabilities. Activities include; a) We will work with DPI to address suspension and expulsion issues. b) We will work to promote school based mental health services. c) We will provide technical assistance and direct representation to students who are being excluded. Priority Issue 3. Promoting Community Employment Need: Too many people with disabilities are stuck in sheltered workshops and earning significantly below the minimum wage. Activities include; a) We will participate in the Employment First initiatives b) We will form an internal employment workgroup to track activities and discuss actions. c) We post to our website the video of people with disabilities employed in the community being developed under the Sparks grant. d) We will provide technical assistance and direct representation to individuals seeking community employment or who need assistance obtaining reasonable accommodations in the workplace. e) We will represent people including at fair hearings who are not getting needed services from DVR.

Need: Students are not getting appropriate transition services. Activities include; a) We will continue to train on the Post-Secondary Transition Plan (PTP). b) We will post the transition action guide and the employment workbook to the DRW website. c) We will target training and advocacy efforts to areas of the state with large sheltered workshops or districts that are placing students in workshops. d) We will collaborate with the community and institutions team on the employment services in the waivers. e) a) Technical assistance and individual advocacy up to and including due process hearing to ensure proper transition planning. Need: Thousands of people throughout the state are still be paid at a subminimum wage. Activities include: a) Gather and analyze data from DWD collected as part of the subminimum wage licensing. b) Promote state use legislation.

Priority Issue 4. Appropriate Community Services and Supports Need: The lack of adequate transportation impairs ability to work or otherwise participate in community activities. Activities include; a) Advocate for increased funding for transportation including keeping the segregated transportation fund b) Look for opportunities to partner with other organizations to promote transportation c) Advocate for ICTC

Priority Issue 5. Rights of people with disabilities. Need: Employment discrimination based on disability interferes with people’s ability to obtain and maintain jobs. Activities include; a) We will monitor any proposed changes to employment rights legislation. b) We will provide limited trainings on employment rights. c) We will provide technical assistance and limited direct representation up to and including administrative hearing and mediation.

Need: Housing discrimination interferes with people with disabilities ability to live in the community. Activities include; a) We will fight NIMBY issues when they arise either by participating in public forums or litigation if necessary. b) We will monitor legislation for any attempt to limit access to housing. c) We will provide technical assistance and limited direct representation up to and including administrative hearing and mediation.

• Need: Government entities and public accommodations are not meeting their ADA Title II and Title III obligations for accessibility and accommodation. Activities Include; a) We will participate in ADA 25th Anniversary activities to promote compliance with the ADA. b) We will work with community partners such as Independent living centers to promote compliance. c) We will work with community partners to add barriers in corrections facilities. We will file a complaint with USDOJ regarding lack of access to facilities. d) We will provide technical assistance and support to individual experiencing discrimination by these entities.

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. Source of Funding Amount Received & Expended Federal (section 509) $177,821 State Program Income Private (Foundations) All other funds Total (from all sources) $177,821 B. Budget for the fiscal year covered by the report: Budget Fiscal Year - 14 Wages/salaries $101,360 Fringe benefits 36,707 Materials/supplies 1,681 Postage 290 Communications/I.T. 2,516 Rent 11,486 Travel 2,722 Copying 914 Bonding/insurance 1,063 Equipment (rental/purchase) 2,373 Legal services 0 Indirect costs 0 Miscellaneous (see below) 16,709 Total budget $177,821 Miscellaneous detail: Professional fees $9,239 Meetings & conferences 951 Depreciation 3,115 Membership dues 2,263 Staff development 531 Litigation expense 157 Advertising 359 Other 94 Total $16,709 C. Description of PAIR staff (FY 2014) Position FTE % of Year Person-years Professional Full-time 105% 100% 1.05 Part-time 40% 100% 0.40 Vacant 0% 100% 0.00 Executive/Clerical Full-time 45% 100% 0.45 Part-time 33% 100% 0.33 Vacant 0% 100% 0.00 Total 2.23

D. We do not have a PAIR advisory board however our agency board holds listening sessions around the state that influence our priorities and objectives. E. No grievances were filed against PAIR staff or activities. F. We do have regular contact with the Client Assistance Program and meet with them occasionally to discuss issues of mutual concern. Our states long term care Medicaid waiver programs (Family Care and IRIS) have an ombudsman program for people under 60 which is housed in our agency. The Board on Aging and Long Term Care (BOALTC) represents people over 60 and is a separate agency. We coordinate with them through activities including joint meetings and trainings with our internal Family Care staff.

Certification

Signed?Yes
Signed ByDaniel Idzikowski
TitleAuthorized Certifying Official
Signed Date12/24/2014